NORTHERN STATES POWER COMPANY, a Minnesota Corporation; Northern States Power Company, a Wisconsin Corporation; Petitioners,
Minnesota Department of Public Service; Dairyland Power Cooperative, Intervenor on Appeal,
v.
FEDERAL ENERGY REGULATORY COMMISSION; Respondent,
Wisconsin Electric Power Company; Southern Minnesota Municipal Power Agency; Missouri River Energy Services; Enron Power Marketing Incorporated, Intervenor on Appeal,
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted March 8, 1999.
Decided May 14, 1999.
As Amended July 20, 1999.
Attorney(s) appearing for the Case
Timothy Robert Thornton, Minneapolis, MN, argued (Michael C. Krikava and Gary R. Johnson, Minneapolis, MN, Dewey Ballantine, Washington, DC, on the brief), for petitioner.
Jeffrey L. Landsman, Madison, WI, argued, for intervenor Dairyland Power.
Larry D. Gasteiger, Washington, DC, argued (Jay L. Witkin and John H. Conway, Washington, DC, on the brief), for respondent.
Byron E. Starns, St. Paul, MN, argued, for intervenor Wisconsin Electric.
Jeffrey D. Watkiss, Washington, DC, argued, for intervenor Enron Power.
Before FAGG, LAY, and WOLLMAN, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
LAY, Circuit J.
On April 24, 1996, the Federal Energy Regulatory Commission ("FERC") promulgated Order No. 8881 requiring "all public utilities that own, control or operate facilities used for transmitting electric energy in interstate commerce to have on file open access non-discriminatory transmission tariffs that contain minimum terms and conditions of non-discriminatory service." Order No. 888, 61 Fed.Reg. 21,540 (1996). FERC's stated...
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