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TOWN OF NORWOOD, MASS. v. F.E.R.C.

No. 93-1785.

53 F.3d 377 (1995)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New England Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1995.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., argued the cause for petitioner. With him on the briefs were Don C. Uthus and Timothy P. Ingram. Philip B. Malter entered an appearance.

Timm L. Abendroth, Atty., F.E.R.C., Regulatory argued the cause for respondent. With him on the brief was Jerome M. Feit, Sol., F.E.R.C.

Kenneth G. Jaffe, argued the cause for intervenor. With him on the brief were Edward Berlin and Michael E. Ward.

Irwin A. Popowsky and Denise C. Goulet, were on the brief for amicus curiae Nat. Ass'n of State Utility Consumer Advocates.

Before WALD, SENTELLE and ROGERS, Circuit Judges.

WALD, Circuit Judge:

This case involves the ratemaking treatment of post-retirement benefits other than pensions, which consist largely of retiree medical benefits ("PBOPs" or "retiree medical benefits"). Historically, PBOPs have been reported on a cash basis for both accounting and ratemaking purposes. In 1990, the Financial Accounting Standards Board ("FASB") instructed companies to switch to accrual accounting for PBOPs, requiring companies to account now for the...

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