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INDUSTRIAL COGENERATORS v. F.E.R.C.

No. 93-1372.

47 F.3d 1231 (1995)

INDUSTRIAL COGENERATORS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Florida Power Corporation; Florida Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 1995.

Attorney(s) appearing for the Case

Harvey L. Reiter argued the cause for petitioner. With him on the briefs was Kathleen L. Mazure.

Edward S. Geldermann, Attorney, F.E.R.C., argued the cause for respondent. With him on the brief was Jerome M. Feit, Sol., F.E.R.C.

On the brief for intervenors were Robert D. Vandiver and Cynthia B. Miller. Albert R. Simonds, Jr. entered an appearance.

Before EDWARDS, Chief Judge, GINSBURG and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Industrial Cogenerators (IC), an ad hoc group of industrial firms engaged in the cogeneration of electric power in the State of Florida, petitions for review of an order of the Federal Energy Regulatory Commission vacating an earlier declaratory order in which the agency had interpreted certain of its own regulations implementing § 210(a) of the Public Utility Regulatory Policies...

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