MUNICIPAL RESALE SERVICE CUSTOMERS v. F.E.R.C.

No. 93-3942.

43 F.3d 1046 (1995)

MUNICIPAL RESALE SERVICE CUSTOMERS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Ohio Power Company, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1995.


Attorney(s) appearing for the Case

Carter G. Phillips, Joseph R. Guerra (argued and briefed), Sidley & Austin, Washington, DC, for petitioner.

Jerome M. Feit, Timm L. Abendroth (argued and briefed), Joseph S. Davies, F.E.R.C., Office of the Sol., Washington, DC, for respondent.

Edward J. Brady, American Elec. Power Service Corp., Columbus, OH, Edward Berlin (argued), Kenneth G. Jaffe (briefed), Swidler & Berlin, Washington, DC, for intervenor.

Before: RYAN and BATCHELDER, Circuit Judges; and JOINER, District Judge.


JOINER, Senior District Judge.

Petitioners, Municipal Resale Service Customers (MRSC), are fifteen Ohio villages and cities that purchase electrical power from the Ohio Power Company. The MRSC filed a complaint with the Federal Energy Regulatory Commission (FERC), challenging Ohio Power's wholesale rates for the years 1986-1990 on the ground that Ohio Power's rates were based on the full cost of coal that it had obtained from subsidiaries rather than on the prevailing...

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