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BRISTOL ENERGY CORP. v. STATE OF N.H. PUBLIC UTILITIES COM'N

Nos. 93-1824, 93-1835.

13 F.3d 471 (1994)

BRISTOL ENERGY CORPORATION, d/b/a Alexandria Power Associates, Bio-Energy Corporation, Bridgewater Power Company, L.P., Hemphill Power and Light Company, Pinetree Power, Inc., Pinetree Power—Tamworth, Inc., Timco, Inc., and Whitefield Power and Light Company, Plaintiffs, Appellants, v. STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION, Defendant, Appellee. BRISTOL ENERGY CORPORATION, d/b/a Alexandria Power Associates, Bio-Energy Corporation, Bridgewater Power Company, L.P., Hemphill Power and Light Company, Pinetree Power, Inc., Pinetree Power—Tamworth, Inc., Timco, Inc., and Whitefield Power and Light Company, Plaintiffs, Appellees, v. STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION, Defendant, Appellee, American Hydro, Inc. — Peterborough and Energy Tactics, Inc., Intervenors, Appellants.

United States Court of Appeals, First Circuit.

Decided January 18, 1994.

Attorney(s) appearing for the Case

Bryan K. Gould, with whom Robert A. Olson and Brown, Olson & Wilson, P.C. were on brief, for appellants and Peter W. Brown, Daniel W. Allegretti, and Brown, Olson & Wilson, P.C., Concord, NH, on brief for intervenors, appellants.

Harold T. Judd, Sr. Asst. Atty. Gen., with whom Jeffrey R. Howard, Atty. Gen., Concord, NH, was on brief, for appellee.

Susan Tomasky, Jerome M. Feit and Samuel Soopper, Washington, DC, on brief, for Federal Energy Regulatory Commission, amicus curiae.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiffs-appellants, a group of power producers, challenge the district court's dismissal of their suit to enjoin defendant-appellee, New Hampshire Public Utilities Commission (PUC), from ordering a disclosure of their business and financial data.1 PUC requested the information for a study conducted pursuant to section 712 of the federal Energy Policy Act of 1992, 16 U.S.C. § 2621(d)(10). Plaintiffs...

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