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LONG ISLAND LIGHTING CO. v. F.E.R.C.

No. 92-1438.

20 F.3d 494 (1994)

LONG ISLAND LIGHTING COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Municipal Electric Utilities Ass'n of New York State, Power Authority of the State of New York, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1994.

Attorney(s) appearing for the Case

Richard A. Visconti, Hicksville, NY, argued the cause for petitioner. With him on the briefs was Arnold H. Quint, Washington, DC.

Howard B. Schneider, Atty., Federal Energy Regulatory Commission ("FERC"), Washington, DC, argued the cause for respondent. With him on the brief were Jerome M. Feit, Sol., FERC, and Joseph S. Davies, Deputy Solicitor, FERC, Washington, DC.

Thomas L. Rudebusch, Washington, DC, argued the cause for intervenors. With him on the brief were Wallace L. Duncan and Jeffrey C. Genzer, Washington, DC. Wendy M. Lane, New York City, entered an appearance for intervenor Power Authority of the State of New York.

Before BUCKLEY and WILLIAMS, Circuit Judges, and JOHN W. REYNOLDS, District Judge for the Eastern District of Wisconsin.

Opinion for the court filed by District Judge REYNOLDS.

REYNOLDS, District Judge:

The Long Island Lighting Company ("LILCO") seeks review of a decision of the Federal Energy Regulatory Commission ("the Commission") holding that contracts between LILCO and the New York Power Authority ("NYPA") did not give LILCO the right to curtail its transmission of electricity to NYPA's customers on Long Island.1 For reasons stated below, we...

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