MICHIGAN PUBLIC POWER AGENCY v. F.E.R.C.

Nos. 90-1580, 91-1025 and 91-1173.

963 F.2d 1574 (1992)

MICHIGAN PUBLIC POWER AGENCY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Palisades Generating Company, Intervenors. MICHIGAN PUBLIC POWER AGENCY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Palisades Generating Company, State of Michigan and the Michigan Public Service Commission, Intervenors. MICHIGAN PUBLIC POWER AGENCY, Michigan South Central Power Agency, Michigan Municipal Electric Association, Wolverine Power Supply Cooperative, Inc., City of Bay City, City of Charlevoix, Village of Chelsea, City of Eaton Rapids, Grand Haven Board of Light and Power, City of Harbor Springs, City of Hart, Holland Board of Public Works, Lansing Board of Water and Light, City of Lowell, City of Petoskey, City of Portland, City of St. Louis, Traverse City Board of Light and Power, and City of Zeeland, Michigan, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1992.


Attorney(s) appearing for the Case

Robert A. Jablon, with whom Thomas C. Trauger, Washington, D.C., was on the brief, for petitioners in 90-1580, 91-1025, and 91-1173. David B. Kolker, Washington, D.C., also entered an appearance for petitioners in 91-1025.

Katherine Waldbauer, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., Washington, D.C., were on the brief, for respondents in 90-1580, 91-1025, and 91-1173.

William M. Lange, Washington, D.C., with whom Robert M. Neustifter, Jackson, Miss., and Renee Hamilton Gwaltney, for Consumers Power Co. and John T. Stough, Jr., Jane I. Ryan, and Andrew K. Soto, Washington, D.C., for Palisades Generating Co. were on the joint brief, for intervenors in 90-1580, 91-1025, and 91-1173.

Don L. Keskey, Henry J. Boynton, and Frank J. Kelley, Lansing, Mich., entered appearances for intervenors the State of Mich. and the Michigan Public Service Com'n in 91-1025.

Before: MIKVA, Chief Judge, SILBERMAN and WILLIAMS, Circuit Judges.


Opinion for the court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Michigan Municipal Cooperative Group petitions for review of three sets of orders by the Federal Energy Regulatory Commission (FERC) related to transactions involving intervenors Consumers Power Company and Palisades Generating Company.1 In all three proceedings, the Commission rejected the Group's objection that the transaction at issue was likely...

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