FLORIDA POWER & LIGHT CO. v. F.E.R.C.

No. 95-1283.

88 F.3d 1239 (1996)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Utilities Commission, City of New Symrna Beach, Florida, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 19, 1996.


Attorney(s) appearing for the Case

Steven J. Ross, Washington, DC, argued the cause, for petitioner, with whom Randolph L. Elliott and Jacob A. Bouknight, Jr. were on the briefs.

Katherine Waldbauer, Attorney, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent, with whom Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Solicitor, were on the brief.

David E. Pomper, Washington, DC, argued the cause for intervenors, with whom Robert A. Jablon and Harvey L. Reiter were on the brief. Alan J. Roth entered an appearance.

Before: EDWARDS, Chief Judge, WALD and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner Florida Power & Light Company ("FP&L") seeks review of orders of the Federal Energy Regulatory Commission ("FERC") rejecting FP&L's filing of unexecuted back up transmission agreements with Fort Pierce and Vero Beach, Florida. FP&L sought through these agreements to charge the two cities for back up transmission service it claimed that it was providing...

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