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NATIONAL ASS'N REGULATORY UTILITY COM'RS v. S.E.C.

No. 93-1778.

63 F.3d 1123 (1995)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, et al., Petitioners, v. SECURITIES & EXCHANGE COMMISSION, Respondent, The Southern Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Scott Hempling, Silver Spring, MD, with whom Charles D. Gray, Washington, DC, was on the briefs, argued the cause for petitioners.

Eric Summergrad, Principal Assistant General Counsel, S.E.C., with whom Simon M. Lorne, General Counsel, and Paul Gonson, Sol., S.E.C., Washington, DC, were on the brief, argued the cause for respondent. Judith R. Starr, Counsel, SEC, Washington, DC, entered an appearance, for respondent.

James E. Joiner and William B. Conway, Jr., Atlanta, GA, were on the brief, for intervenor The Southern Co. John R. Molm, Atlanta, GA, entered an appearance.

Sherry A. Quirk, Clinton A. Vince, Washington, DC and Michael W. Tifft, New Orleans, LA, entered appearances for intervenor City of New Orleans. George M. Fleming and William B. McKinley, Jackson, MS, entered appearances for intervenor Mississippi Public Service Com'n. Mary W. Cochran, Little Rock, AR, entered an appearance for intervenor Arkansas Public Service Com'n.

Before EDWARDS, Chief Judge, and WALD and BUCKLEY, Circuit Judges.

BUCKLEY, Circuit Judge:

In 1992, Congress amended the Public Utility Holding Company Act to encourage competition in the market for electric power. The Securities & Exchange Commission promulgated regulations implementing the amendments. The National Association of Regulatory Utility Commissioners now petitions for review, challenging the regulations on the ground that they are inconsistent with the amendments. We deny the petition.

I. BACKGROUND

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