NEW YORK STATE ELEC. & GAS CORP. v. F.E.R.C.

No. 95-1314.

117 F.3d 1473 (1997)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Independent Power Producers of New York, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1997.


Attorney(s) appearing for the Case

Jonathan D. Schneider, Washington, DC, argued the cause for petitioner and supporting intervenors, with whom Kenneth M. Jasinski, New York City, was on the briefs.

Edward S. Geldermann, Attorney, Federal Energy Regulatory Commission, Bethesda, MD, argued the cause for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, at the time the brief was filed, was on the brief. Samuel Soopper, Attorney, Mount Ranier, MD, entered an appearance.

Robert F. Shapiro, Washington, DC, argued the cause for intervenors, Saranac Power Partners, L.P., et al., with whom Merrill L. Kramer, Daniel M. Joseph, Washington, DC, Howard J. Read, Albany, NY, Paul Walter Fox, Austin, TX, Paul Edward Nordstrom, Douglas P. Lobel, Washington, DC, Lawrence E. Glenn Houston, TX, and David L. Schwartz were on the joint brief. Celeste A. Smith, Glen Rock, NJ, John N. Estes, III, Christine R. Pembroke, Washington, DC, and Deborah M. Lerner entered appearances.

Before: WALD, GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The New York State Electric & Gas Corporation (N.Y.SEG) seeks review of an order of the Federal Energy Regulatory Commission declaring that the rates NYSEG pays for power produced by two qualifying facilities (QFs) do not violate § 210(b) of the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C.§ 824a-3(b). Because the challenged order does nothing...

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