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NORTHERN STATES POWER CO. (MINNESOTA) v. F.E.R.C.

No. 92-1449.

30 F.3d 177 (1994)

NORTHERN STATES POWER COMPANY (MINNESOTA), Northern States Power Company (Wisconsin), Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Wisconsin Public Power Inc. SYSTEM; Minnesota Power & Light Company; Public Service Commission of Wisconsin; Southern Minnesota Municipal Power Agency, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

Leonard W. Belter, Washington, DC, argued the cause and filed the briefs for petitioners.

Katherine Waldbauer, Atty., F.E.R.C., Washington, DC, argued the cause for respondent. With her on the brief were Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, DC.

On the joint brief for intervenors were Michael P. May, Anita T. Gallucci, and Barbara E. James, Madison, WI. John D. McGrane, Washington, DC, Steven M. Schur, Madison, WI, and Paul D. Bruner, Washington, DC, entered appearances.

Before MIKVA, Chief Judge, EDWARDS, and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In early 1992 Northern States Power Company (Minnesota) and Northern States Power Company (Wisconsin), sister corporations, jointly filed with the Federal Energy Regulatory Commission a proposed tariff of rates for transmission services. Under that tariff, Northern States (as we shall hereinafter refer to the petitioners) would abandon...

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