CITY OF NEW ORLEANS, Petitioner,
v.
SECURITIES AND EXCHANGE COMMISSION, Respondent,
Louisiana Public Service Commission, Cities of Benton et al., Entergy Corporation et al., Arkansas Public Service Commission, Mississippi Public Service Commission, Arkansas Electric Energy Consumers, Intervenors.
LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner,
v.
SECURITIES AND EXCHANGE COMMISSION, Respondent,
City of New Orleans, Arkansas Electric Energy Commission, Arkansas Public Service Commission, Cities of Benton et al., Entergy Corporation et al., Mississippi Public Service Commission, State of Mississippi, Intervenors.
STATE of MISSISSIPPI, Petitioner,
v.
SECURITIES AND EXCHANGE COMMISSION, Respondent,
Arkansas Public Service Commission, City of New Orleans, Entergy Corporation et al., Cities of Benton et al., Arkansas Electric Energy Commission, Louisiana Public Service Commission, Mississippi Public Service Commission, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 19, 1992.
Decided July 17, 1992.
Attorney(s) appearing for the Case
Clinton A. Vince, with whom Glen S. Ortman, John S. Moot and Michael W. Tifft for City of New Orleans et al., Michael R. Fontham and Noel J. Darce for Louisiana Public Service Com'n and Frank Spencer for the State of Miss. were on the joint brief, for petitioners in Nos. 90-1493, 90-1501 and 90-1506. Paul E. Nordstrom also entered an appearance for petitioners.
Judith R. Starr, Special Counsel, S.E.C., with whom James R. Doty, Gen. Counsel, Eric Summergrad, Principal Asst. Gen. Counsel, and Paul Gonson, Sol., were on the brief, for respondent in Nos. 90-1493, 90-1501 and 90-1506.
Paul R. Hightower and Mary W. Cochran for Arkansas Public Service Com'n, Richard M. Merriman, Floyd L. Norton IV, James K. Mitchell and Don P. Garber for Entergy Corp. et al. and Zachary D. Wilson for Cities of Benton et al. were on the joint brief for intervenors in Nos. 90-1493, 90-1501 and 90-1506.
Michael R. Fontham and Noel J. Darce entered appearances for intervenor Louisiana Public Service Com'n in Nos. 90-1493 and 90-1506.
Frank Spencer entered an appearance for intervenor State of Miss. in Nos. 90-1493 and 90-1501.
Alfred Winchell Whittaker, Katherine C. Zeitlin and Mitchell F. Hertz entered appearances for intervenor Arkansas Elec. Energy Consumer in Nos. 90-1493, 90-1501 and 90-1506.
George M. Fleming and Wm. Bruce McKinley entered appearances for intervenor Mississippi Public Service Com'n in Nos. 90-1493, 90-1501 and 90-1506.
Paul E. Nordstrom, Clinton Vince, Glen L. Ortman and John S. Moot entered appearances for intervenors City of New Orleans et al. in Nos. 90-1501 and 90-1506.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.
KAREN LeCRAFT HENDERSON, Circuit Judge:
The City of New Orleans, the State of Mississippi and the Louisiana Public Service Commission (petitioners) challenge a Securities and Exchange Commission (SEC or Commission) order approving the acquisition by Entergy, Inc. (Entergy) of a new subsidiary, Entergy Power, Inc. (EPI) and the sale to EPI of two electrical generating units currently owned...
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