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BRAZOS ELEC. POWER CO-OP., INC. v. F.E.R.C.

No. 98-60568.

205 F.3d 235 (2000)

BRAZOS ELECTRIC POWER COOPERATIVE, INCORPORATED, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 28, 2000.

Attorney(s) appearing for the Case

Robert A. Jablon (argued), Ben Finkelstein, Andrea Geraldine Lonian, Spiegel & McDiarmid, Washington, DC, for Petitioner.

Timm Larkin Abendroth, Jay L. Witkin, Andrew K. Soto (argued), Jerome M. Feit, Sol., FERC, Office of the Solicitor, David P. Boergers, FERC, Washington, DC, for Respondent.

Mary Ann Walker (argued), Neil Lawrence Levy, Winthrop, Stimson, Putnam & Robert, Washington, DC, John J. McKetta, III, Graves, Dougherty, Hearon & Moody, Austin, TX, for Tenaska IV Texas Partners, Ltd., Intervenor.

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 28, 2000.

KING, Chief Judge:

Petitioner Brazos Electric Power Cooperative, Inc. ("Brazos") seeks review of an order of the Federal Energy Regulatory Commission ("FERC," or "the Commission") denying Brazos' motion and petition to revoke the certification of Tenaska IV Texas Partners, Ltd. ("Tenaska") as a "qualifying cogeneration facility" under the Public Utilities Regulatory Policies Act of 1978. We deny the petition...

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