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SITHE/INDEPENDENCE POWER PART., L.P. v. F.E.R.C.

No. 97-1723.

165 F.3d 944 (1999)

SITHE/INDEPENDENCE POWER PARTNERS, L.P., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Niagara Mohawk Power Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1999.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioner. With him on the briefs was David L. Schwartz.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor.

Edward Berlin argued the cause for intervenor. With him on the brief were Kenneth G. Jaffe and Michael E. Ward.

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

Opinion for the Court filed by Chief Judge EDWARDS.

EDWARDS, Chief Judge:

Petitioner Sithe/Independence Power Partners ("Sithe") challenges two orders of the Federal Energy Regulatory Commission ("FERC" or "Commission"), dismissing Sithe's complaint against Niagara Mohawk Power Corporation ("Niagara") and denying rehearing of that dismissal. Pursuant to a 1991 agreement, Sithe, an independent power producer, receives transmission services from Niagara, an...

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