ENVIRONMENTAL ACTION and Consumer Federation of America, Petitioners, and
The Wisconsin Public Power, Inc. System, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Arizona Public Service Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 20, 1992.
Decided July 2, 1993.
As Amended July 2, 1993.
Attorney(s) appearing for the Case
Michael E. Small filed a joint brief for intervenors.
Louis E. Vincent entered an appearance for intervenor Western Systems Power Pool.
Alan J. Statman entered an appearance for intervenor Southwestern Public Service Co.
Channing D. Strother, Jr. entered an appearance for intervenor City of Vernon, CA.
Thomas L. Blackburn entered an appearance for intervenor Century Power Corp.
Michael Hindus entered an appearance for intervenor Pacific Gas and Elec. Co.
Charles H. Cochran and Judy Grier Smylie entered appearances for intervenor Sacramento Mun. Utility Dist.
Vicki G. Sandler entered an appearance for intervenor Arizona Public Service Co.
Donald A. Kaplan entered an appearance for intervenor British Columbia Hydro & Power Authority.
James D. Pembroke entered an appearance for intervenors Modesto Irrigation Dist. and City of Santa Clara, CA. Wallace L. Duncan and Richmond F. Allan also entered appearances for intervenor Modesto Irrigation Dist.
Robert C. McDiarmid and Lisa G. Dowden entered appearances for intervenor Northern California Power Agency.
Mary Rose Hughes entered an appearance for intervenor Puget Sound Power & Light Co.
Edward C. Farrell entered an appearance for intervenor Dept. of Water and Power of the City of Los Angeles.
Edward W. O'Neill entered an appearance for intervenor The California Public Utilities Com'n.
Kenneth G. Lee entered an appearance for intervenor Nevada Power Co.
Helen J. Edwards entered an appearance for intervenor Pacificorp d/b/a Pacificorp Elec. Operations.
Clark Evans Downs entered an appearance for intervenors Public Service Co. of Oklahoma and Southwestern Elec. Power Co.
E. Gregory Barnes entered an appearance for intervenor San Diego Gas & Elec. Co.
Ann P. Cohn entered an appearance for intervenor Southern California Edison Co.
Floyd L. Norton IV entered an appearance for intervenors Tucson Electric Power Co., Entergy Services, Inc., and the Montana Power Co. Don P. Garber also entered an appearance for intervenor Entergy Services, Inc.
David P. Yaffe entered an appearance for intervenor Turlock Irrigation Dist.
Diana Mahmud entered an appearance for intervenor The Metropolitan Water District of Southern California.
Scott Hempling (for Environmental Action & Consumer Federation of America) and Michael P. May (for Wisconsin Public Power, Inc. System) argued the cause for petitioners. With them on petitioners' joint brief were Robert Kelter (for Environmental Action & Consumer Federation of America) and J. Leroy Thilly and Anita T. Gallucci (for Wisconsin Public Power, Inc. System).
Before RUTH BADER GINSBURG, BUCKLEY, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Petitioners seek review of two orders of the Federal Energy Regulatory Commission approving the Western System Power Pool. Their principal claim is that the Commission erred in allowing a flexible pricing arrangement for the sale and exchange of energy and energy transmission services among the members of the Pool while not requiring that they provide each other with access to their...
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