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PENNSYLVANIA ELEC. CO. v. F.E.R.C.

Nos. 92-1408, 92-1542.

11 F.3d 207 (1993)

PENNSYLVANIA ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pennsylvania Public Utility Commission; Penntech Papers, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1993.

Attorney(s) appearing for the Case

James B. Liberman, New York City, argued the cause, for petitioner. With him on the briefs was, Douglas E. Davidson, New York City.

Randolph Lee Elliott, Attorney, F.E.R.C., Washington, DC, argued the cause, for respondent. With him on the brief was, Jerome M. Feit, Sol., F.E.R.C. Jill L. Hall, Atty., F.E.R.C., Washington, DC, entered an appearance.

Shawn P. Leyden, Newark, NJ, John T. Stough, Jr., and Kevin M. Downey, Washington, DC, were on the brief, for amicus curiae Public Service Elec. and Gas Co.

Lawrence F. Barth, Halifax, PA, John F. Povilaitis, Harrisburg, PA, and Veronica A. Smith, Hermitage, PA, entered an appearance, for intervenor Pennsylvania Public Utility Com'n.

Michael L. Kessler, Washington, DC, entered an appearance for, intervenor Penntech Papers, Inc.

Before: BUCKLEY and RANDOLPH, Circuit Judges, and LEVIN H. CAMPBELL, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Pennsylvania Electric Company ("Penelec") entered into a Transmission Services Agreement with Penntech Papers, Inc. and submitted it to the Federal Energy Regulatory Commission for filing on March 11, 1991. One year later FERC accepted the Agreement for filing on condition that Penelec charge Penntech a different, and lower, rate for providing transmission service than that set...

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