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SOUTHERN CALIFORNIA EDISON CO. v. F.E.R.C.

No. 98-1439.

195 F.3d 17 (1999)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Laidlaw Gas Recovery Systems, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 1999.

Attorney(s) appearing for the Case

Russell C. Swartz argued the cause for petitioner. With him on the briefs was Joseph E. Stubbs.

Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Douglas W. Smith, General Counsel, Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor, Federal Energy Regulatory Commission.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Southern California Edison Company ("Edison") appeals two orders of the Federal Energy Regulatory Commission ("FERC") interpreting the "small power production facility" provision of § 3(17) of the Federal Power Act to permit such a facility to use fossil fuels to supplement alternative fuels in a manner not expressly authorized under the statute.1...

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