NIAGARA MOHAWK POWER 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.https://leagle.com/images/logo.png
Argued December 2, 1996.
Decided July 11, 1997.
Attorney(s) appearing for the Case
Edward Berlin, Washington, DC, argued the cause for petitioners Niagara Mohawk Power Corporation and Long Island Lighting Company and supporting intervenor Edison Electric Institute, with whom J. Phillip Jordan, Robert V. Zener, Washington, DC, Richard A. Visconti, Hicksville, NY, Edward H. Comer, Washington, DC, and Paul J. Kaleta, Syracuse, NY, were on the briefs. Alice K. Hill, Washington, DC, entered an appearance.
Earle H. O'Donnell argued the cause for petitioners American Ref-Fuel Company of Southeastern CT et al., with whom Donna M. Attanasio, Jeffrey D. Watkiss, Washington, DC, Robert E. Wright, Carl R. Nasto, and Charles D. Gray were on the briefs. Jeffrey L. Futter, Hicksville, NY, entered an appearance.
Janet K. Jones, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. Jerome M. Feit, Solicitor, Washington, DC, at the time the brief was filed, and Edward S. Geldermann, Attorney, were on the brief. Timm L. Abendroth, Attorney, Washington, DC, entered an appearance.
Allan B. Taylor, Hartford, CT, argued the cause for intervenors Connecticut Light and Power Company et al., with whom Edward H. Comer was on the brief. Henri D. Bartholomot, David L. Schwartz, Jonathan D. Schneider, Washington, DC, Kenneth M. Jasinski, New York City, Howard H. Shafferman, Washington, DC, Michael W. Hall, Daniel F. Collins, Washington, DC, Joseph G. Pennington, Edward G. Kehoe, Erik J. Swenson, New York City, Robert R. Ambler, Jr., and Daniel M. Joseph entered appearances.
Douglas G. Robinson, John N. Estes, Washington, DC, Howard J. Read, Albany, NY, and David B. Johnson were on the brief for the QF Intervenors.
Before: SILBERMAN, GINSBURG, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge:
Petitioners seek review of two declaratory orders of the Federal Energy Regulatory Commission interpreting the Public Utility Regulatory Policies Act (PURPA), 16 U.S.C. § 824a-3. Because the two orders do nothing more than set out the position that the Commission would take in an enforcement action before the district court, we are without jurisdiction to review them.
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