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CITY OF ALBANY v. F.E.R.C.

No. 93-1288.

7 F.3d 671 (1993)

CITY OF ALBANY, Illinois, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 19, 1993.

Attorney(s) appearing for the Case

Richard L. Olson (argued), Anita T. Gallucci, Boardman, Suhr, Curry & Field, Madison, WI, for petitioners.

Jerome M. Feit, Katherine Waldbauer (argued), F.E.R.C., Washington, DC, for F.E.R.C.

Leslie Recht (argued), Defrees & Fiske, Chicago, IL, Kent Ragsdale, Interstate Power Co., Dubuque, IA, for Interstate Power Co.

Before BAUER, EASTERBROOK, and KANNE, Circuit Judges.

EASTERBROOK, Circuit Judge.

The Federal Energy Regulatory Commission permits utilities to vary the price of electricity as the price of fuel fluctuates. This poses the question: what outlays count toward the price of fuel? Many of a utility's costs are related to fuel; how close must this relation be? A great deal of money may ride on the answer, making flexibility an invitation to endless litigation. The FERC's approach has been to use accounting categories, devised...

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