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TOWN OF NORWOOD, MASS. v. F.E.R.C.

No. 91-1134.

962 F.2d 20 (1992)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New England Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1992.

As Amended May 15, 1992.

Attorney(s) appearing for the Case

Philip B. Malter, with whom Charles F. Wheatley, Jr., Annapolis, Md., was on the brief, for petitioner.

Randolph Lee Elliott, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Kenneth G. Jaffe, Washington, D.C., with whom Cynthia A. Arcate, Westborough, Mass., was on the brief, for intervenor.

Before BUCKLEY, D.H. GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The Town of Norwood seeks review of a Federal Energy Regulatory Commission order approving the New England Power Company's adoption of a marginal cost approach to setting wholesale electric rates. This is the first marginal cost rate design that the FERC has approved since we instructed the agency on the need for record support in Electricity Consumers Resource Council...

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