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TOWN OF BOYLSTON v. F.E.R.C.

No. 92-1261.

21 F.3d 1130 (1994)

TOWN OF BOYLSTON, City of Holyoke, Town of Hudson, Littleton Electric Light Department, Marblehead Municipal Light Department, Middleborough Gas and Electric Department, Town of North Attleboro, Peabody Municipal Light Plant, Westfield Gas and Electric Light Department, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boston Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1994.

Attorney(s) appearing for the Case

P. Daniel Bruner, Washington, DC, argued the cause for petitioners. With him on the briefs, were Frances E. Francis and Rise J. Peters, Washington, DC.

Eric Christensen, Atty., F.E.R.C., Washington, DC, argued the cause for respondent. With him on the brief, were Susan Tomasky, Gen. Counsel, F.E.R.C., Jerome M. Feit, Sol., F.E.R.C., and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, DC.

On the brief, for intervenor Boston Edison Co., was Carmen L. Gentile, Washington, DC.

Before: WILLIAMS, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Boston Edison Company has estimated that the decommissioning of its "Pilgrim 1" nuclear plant (operating under a license that will expire in 2008) will cost $121.9 million in 1985 dollars. Believing that current customers should meet this expense as they use the power, Boston Edison in 1986 filed rates with the Federal Energy Regulatory Commission to impose...

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