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CONSOLIDATED EDISON CO. v. RICHARDSON

No. 99-1436.

233 F.3d 1376 (2000)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Long Island Lighting Company, Orange and Rockland Utilities, Inc., Southern California Edison Company, Pacific Gas & Electric Company, San Diego Gas & Electric Company, International Paper Company, Federal Paper Board Company Inc., Champion International Corporation, and Weyerhauser Company, Plaintiffs-Appellants, v. Bill RICHARDSON, Secretary of Energy and George B. Breznay, Director, Office of Hearings and Appeals, Department of Energy, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 29, 2000.

Attorney(s) appearing for the Case

Philip P. Kalodner, Gladwyne, Pennsylvania, argued for plaintiffs-appellants.

Thomas H. Kemp, Attorney, Office of General Counsel, U.S. Department of Energy, of Washington, DC, argued for defendants-appellees.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.

PLAGER, Circuit Judge.

This is a further chapter in the long-running story of how to divide up the billions of dollars recovered by the Government as a result of the price controls on petroleum products enacted by Congress in the 1970s. Consolidated Edison Co. of New York, Inc. and a group of other companies (collectively "Plaintiffs") challenge an award made by the Department of Energy ("DOE") to Chesebrough Pond's USA Co. ("Chesebrough"). The award is a refund of...

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