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

No. 94-1710.

80 F.3d 526 (1996)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Yankee Atomic Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 1996.


Attorney(s) appearing for the Case

Charles F. Wheatley, Annapolis, MD, argued the cause for petitioner, with whom Don C. Uthus and Timothy P. Ingram were on the briefs.

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

Kenneth G. Jaffe, Washington, DC, was on the brief for intervenor Yankee Atomic Electric Company.

Before: WALD, HENDERSON and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

After Yankee Atomic Electric Company shut down a nuclear power plant before the plant's license expired, the Federal Energy Regulatory Commission allowed Yankee to recover from ratepayers 100% of its remaining unamortized investment, construction-work-in-progress, decommissioning costs, and the operating expenses of the closed plant. To reflect the plant shutdown, the Commission also...

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