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FREEHOLD COGENERATION ASSOCS. v. BD. REG. COM'RS OF N.J.

No. 94-5168.

44 F.3d 1178 (1995)

FREEHOLD COGENERATION ASSOCIATES, L.P., Appellant, v. BOARD OF REGULATORY COMMISSIONERS OF the STATE OF NEW JERSEY; Jersey Central Power and Light Company.

United States Court of Appeals, Third Circuit.

Decided January 9, 1995.

Sur Petition for Rehearing March 7, 1995.

Attorney(s) appearing for the Case

Robert F. Shapiro (argued), Lynn N. Hargis, David C. Dickey, Chadbourne & Parke, Washington, D.C., Charles J. Walsh, Sills Cummis Zuckerman Radin Tischman Epstein & Gross, P.A., Newark, NJ, for appellant.

Steven E. Greenbaum (argued), John P. Biedermann, Berlack, Israels & Liberman, New York City, for Jersey Cent. Power & Light Co.

Theodore C. Granger, Public Advocate (argued), Dept. of the Public Advocate of New Jersey, Newark, NJ, Deborah T. Poritz, Atty. Gen., Andrea M. Silkowitz, Asst. Atty. Gen., Helene S. Wallenstein, Deputy Atty. Gen. (argued), Trenton, NJ, for Bd. of Regulatory Com'rs.

Samuel Sooper, Federal Energy Regulatory Commission, Washington, DC, for Federal Energy Regulatory Com'n.

Before: STAPLETON, HUTCHINSON, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case has its genesis in Congress' creative effort to promote the use of alternative energy sources by state and federal utility authorities. To make the nation more energy independent, Congress sought to encourage small power production facilities that use renewable fuels, such as solar, wind, biomass and water, and cogeneration facilities that use traditional fuels more efficiently by sequentially producing...

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