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OGLETHORPE POWER CORP. v. F.E.R.C.

No. 95-1482.

84 F.3d 1447 (1996)

OGLETHORPE POWER CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Georgia Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1996.

Attorney(s) appearing for the Case

William D. DeGrandis, Washington, DC, argued the cause and filed the briefs, for petitioner.

Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent. Jerome M. Feit, Solicitor, Washington, DC, Joseph S. Davie, Deputy Solicitor, and Edward S. Geldermann, Attorney, Bethesda, MO, were on the brief.

Robert H. Forry argued the cause, for intervenor, with whom Benjamin L. Israel, Atlanta, GA, was on the brief.

Before: EDWARDS, Chief Judge, GINSBURG and ROGERS, Circuit Judges.

GINSBURG, Circuit Judge:

Oglethorpe Power Corp. petitions for review of two orders of the Federal Energy Regulatory Commission dismissing Oglethorpe's complaint against Georgia Power Co. See 69 FERC ¶ 61,208 (1994); reh. denied 72 FERC ¶ 61,065 (1995). Oglethorpe claims that (1) Georgia Power violated the filed-rate doctrine when it charged Oglethorpe for certain reserve capacity in contravention of the terms of Georgia Power's tariff, and...

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