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NEW CHARLESTON POWER I, L.P. v. F.E.R.C.

No. 94-1330.

56 F.3d 1430 (1995)

NEW CHARLESTON POWER I, L.P., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Utilities Commission of the State of California, and Southern California Edison Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 1995.

Attorney(s) appearing for the Case

Carol A. Smoots, Washington, DC, argued the cause, for petitioner. With her on the briefs, was Stephen L. Teichler, Washington, DC.

Samuel Soopper, Atty., F.E.R.C., Washington, DC, argued the cause, for respondent. With him on the brief were Jerome M. Feit, Sol., and Joseph S. Davies, Jr., Deputy Sol., F.E.R.C., Washington, DC.

Edward W. O'Neill, San Francisco, CA, Richard K. Durant, Rosemead, CA, and Joseph E. Stubbs, Washington, DC, were on the brief, for intervenors.

Before: SILBERMAN, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Should rain-soaked cow manure be treated like a volcanic eruption in the Philippines or, instead, like a golf ball that knocks out a high-voltage transformer? Odd as it may seem, that is one of the contested points in this strange case.

The case arises under legislation described as "the solution that won't die for the problem that did." Jeff Bailey, `Purpa' Power,<...

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