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CONNECTICUT VALLEY ELEC. CO., INC. v. F.E.R.C.

No. 98-1294.

208 F.3d 1037 (2000)

CONNECTICUT VALLEY ELECTRIC COMPANY, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Granite State Hydropower Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 2000.

Attorney(s) appearing for the Case

James H. McGrew argued the cause and filed the briefs for petitioner.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor.

Earle H. O'Donnell, Donna M. Attanasio, Laurel W. Glassman, Margaret A. Moore, and Howard E. Shapiro were on the brief for intervenors Westmoreland-LG & E Partners and Wheelabrator Claremont Company, L.P. Allan W. Anderson, Jr., and David B. Ward entered appearances for intervenor Granite State Hydropower Association.

Before: GINSBURG, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Connecticut Valley Electric Company, a local distribution company serving some 10,000 customers in New Hampshire and Vermont, petitions for review of two orders of the Federal Energy Regulatory Commission denying Connecticut Valley any relief against a power producing facility that violated § 3(17)(C)(ii) of the Federal Power Act (FPA). Connecticut Valley claims the Commission...

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