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FLA. MUN. POWER AGENCY v. FLA. POWER & LIGHT CO.

No. 94-2320.

64 F.3d 614 (1995)

FLORIDA MUNICIPAL POWER AGENCY, Plaintiff-Appellant, Cross-Appellee, v. FLORIDA POWER & LIGHT COMPANY, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 19, 1995.

Attorney(s) appearing for the Case

L. Lee Williams, Moore, Williams, Bryant, Peebles & Gautier, P.A., Tallahassee, FL, Robert Jablon, Peter Hopkins, Cynthia Bogorad, Bonnie S. Blair, Spiegel & McDiarmid, Washington, DC, for appellant.

James M. Grippando, Alvin B. Davis, Steel Hector & Davis, Miami, FL, for FPLC.

Before COX, Circuit Judge, RONEY and WOOD, Senior Circuit Judges.

RONEY, Senior Circuit Judge:

The primary issue in this case is whether the "filed rate" doctrine precludes Florida Municipal Power Agency's claim against Florida Power & Light for refusal to sell network electric transmission services. The filed rate doctrine provides that where a regulated company has a rate for service on file with the applicable regulatory agency, the filed rate is the only rate that may be charged. Since there is a genuine issue as to whether...

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