NIAGARA MOHAWK POWER CORP. v. U.S. DEPT. OF ENERGY

Nos. 96-5082, 96-5246.

169 F.3d 16 (1999)

NIAGARA MOHAWK POWER CORPORATION, Appellant, v. UNITED STATES DEPARTMENT OF ENERGY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Denied March 9, 1999.


Attorney(s) appearing for the Case

William J. Mertens argued the cause for appellant. With him on the briefs was Robert V. Zener.

Claire Whitaker, Assistant U.S. Attorney, argued the cause for appellee United States Department of Energy. With her on the brief were Eric H. Holder, Jr., U.S. Attorney, and John D. Bates, Assistant U.S. Attorney, both at the time the brief was filed, R. Craig Lawrence, Assistant U.S. Attorney, and Thomas Kemp, Attorney, U.S. Department of Energy.

Curtis P. Lu argued the cause for appellee Independent Power Producers of New York, Inc. With him on the brief were W. Harrison Wellford and John C. Marchese.

Before: WILLIAMS, GINSBURG and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

A cogeneration plant produces not only electric power but also steam or other thermal energy that can be used for various industrial or commercial purposes. 16 U.S.C. § 796. To encourage this source of energy, the Public Utilities Regulatory Policies Act of 1978, 16 U.S.C. § 824a-3 ("PURPA"), imposed a requirement on electric power utilities to purchase...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases