CAJUN ELEC. POWER CO-OP., INC. v. F.E.R.C.

Nos. 92-1461, 92-1470, 92-1489, 92-1491, 92-1497, 92-1522, 92-1523, 92-1526.

28 F.3d 173 (1994)

CAJUN ELECTRIC POWER COOPERATIVE, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Electric Entergy Consumers, Louisiana Public Service Commission, Mississippi Public Service Commission, City of Benton, City of North Little Rock, Arkansas, City of Osceola, Arkansas, City of Prescott, Arkansas, The Conway Corporation, West Memphis Utilities Commission, Farmers Electric Cooperative Corporation, City of Lafayette, Louisiana, South Mississippi Electric Power Association, Municipal Energy Agency of Mississippi, Entergy Services, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1994.


Attorney(s) appearing for the Case

James D. Pembroke, Washington, DC (for Cajun Elec. Power Co-op., Inc.) argued the cause for the wholesale customer petitioners. With him on the briefs were N.M. Norton, Jr., Little Rock, AR (for Arkansas Elec. Co-op. Corp.), Zachary D. Wilson, North Little Rock, AR (for Arkansas Cities and Co-op.), Wallace E. Brand and Sean T. Beeny (for Louisiana Energy and Power Authority), Thomas L. Rudebusch and Richmond F. Allan (for Cajun Elec. Power Co-op., Inc.), Daniel J. Guttman, Jr. (for City of Lafayette, Louisiana), and Robert Weinberg, Washington, DC (for South Mississippi Elec. Power Ass'n).

Earle H. O'Donnell, Washington, DC (for BP Oil Co. and Occidental Chemical Corp.) argued the cause for the retail customer petitioners. With him on the briefs were Mitchell F. Hertz (for Arkansas Elec. Entergy Consumers), and Lynn N. Hargis and Robert F. Shapiro, Washington, DC (for American Forest and Paper Ass'n).

Randolph L. Elliott, Atty., Federal Energy Regulatory Com'n ("FERC" or the "Commission"), Washington, DC, argued the cause for respondent. With him on the brief were Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., FERC, Washington, DC. Samuel Soopper, Attorney, FERC, Washington, DC, also entered an appearance for respondent.

Floyd L. Norton IV, Washington, DC, argued the cause for intervenor Entergy Services, Inc. With him on the brief were William M. Dudley, Glen S. Bernstein, Washington, DC, and J. Wayne Anderson, New Orleans, LA. Don P. Garber, New Orleans, LA, also entered an appearance for intervenor Entergy Services, Inc.

Michael R. Fontham and Noel J. Darce, New Orleans, LA, were on the brief for intervenor Louisiana Public Service Com'n.

Appearances were filed by James D. Senger (for Arkansas Electric Entergy Consumers), Bonnie S. Blair, Washington, DC (for Municipal Energy Agency of Mississippi), Charles L. Schlumberger, Little Rock, AR (for Arkansas Elec. Co-op. Corp.), George M. Fleming, Houston, TX (for Mississippi Public Service Com'n), Carl W. Ulrich, Washington, DC (for Northern Distributor Group, et al.), Stuart W. Conrad, Kansas City, MO (for Midwest Gas Users' Ass'n), and Mark R. Haskell, Katherine B. Edwards, Gordon Gooch, Washington, DC and Fredrick T. Kolb, Houston, TX (for Amoco Production Co.).

Before MIKVA, Chief Judge, and SILBERMAN and BUCKLEY, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

Cajun Electric Power Cooperative, Inc., and other wholesale and retail customers of Entergy Corporation (Entergy) petition for review of three electric power tariffs filed by Entergy and approved by the Federal Energy Regulatory Commission. Two of these provided for the sale of wholesale power by Entergy at negotiated, market-based rates — as opposed to conventional cost-based rates — while the third was intended...

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