TOWN OF NORWOOD v. F.E.R.C.

Nos. 98-1847, 98-1876, 98-2072, 98-2198, 98-2199.

202 F.3d 392 (2000)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northeast Center for Social Issues Studies, Petitioner, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, First Circuit.

Decided February 2, 2000.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr. with whom Wheatley & Ranquist, Kenneth M. Barna, Alan K. Posner and Rubin & Rudman were on consolidated brief for petitioner Town of Norwood, Massachusetts.

Richard Roos-Collins, Natural Heritage Institute, for petitioner Northeast Center for Social Issue Studies.

Larry D. Gasteiger with whom Douglas W. Smith, General Counsel, Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor, Federal Energy Regulatory Commission, were on consolidated brief for respondent.

Edward Berlin with whom Robert V. Zener, Swidler Berlin Shereff Friedman, LLP, William J. Madden, John A. Whittaker and Winston & Strawn were on brief for intervenor New England Power Company.

Zori G. Ferkin with whom Earle H. O'Donnell, Andrew B. Young, Donald W. Stever and Dewey Ballantine LLP were on brief for intervenor USGen New England, Inc.

Before BOUDIN, STAHL and LIPEZ, Circuit Judges.


BOUDIN, Circuit Judge.

In this case, the Town of Norwood, Massachusetts ("Norwood") and the Northeast Center for Social Issue Studies ("Northeast Center") seek review of a series of orders of the Federal Energy Regulatory Commission ("FERC") directed inter alia to New England Power Company ("New England Power"), which engages in interstate wholesale electric power distribution in New England. In a companion decision,

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