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CITY OF NEW ORLEANS, LA. v. F.E.R.C.

Nos. 94-1340, 94-1345.

67 F.3d 947 (1995)

CITY OF NEW ORLEANS, LOUISIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mississippi Public Service Commission, and Louisiana Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1995.

Attorney(s) appearing for the Case

Paul E. Nordstrom argued the cause, for petitioner City of New Orleans, with whom Clinton A. Vince, Glen L. Ortman and Michael W. Tifft were on the briefs, for petitioner City of New Orleans.

Floyd L. Norton, IV argued the cause, for petitioners Entergy Corporation, et al., petitioners in No. 94-1345 and intervenors in No. 94-1340, with whom Bruce L. Richardson was on the briefs. Glen S. Bernstein and William M. Dudley entered appearances, for petitioners Entergy Corporation, et al.

Jill L. Hall, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent, with whom Jerome M. Feit, Solicitor, and Joseph S. Davies, Jr., Deputy Solicitor, Federal Energy Regulatory Commission, were on the brief, for respondent.

George M. Fleming and William B. McKinley entered appearances, for intervenor Mississippi Public Service Commission.

Michael R. Fontham and Noel J. Darce entered appearances, for intervenor Louisiana Public Service Commission.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

WALD, Circuit Judge:

This case involves a decision by the Federal Energy Regulatory Commission ("FERC" or "the Commission") to allow the spin-off of two electricity generating plants by Entergy, a holding company which owns four subsidiary utility companies. The City of New Orleans ("CNO"), claiming that New Orleans ratepayers will suffer harm from FERC's decision, and Entergy, the holding company, both challenge the Commission's Order for addressing the "prudence...

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