POTOMAC ELECTRIC POWER CO. v. F.E.R.C.

No. 99-1209.

210 F.3d 403 (2000)

POTOMAC ELECTRIC POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. FirstEnergy Corp., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 2000.


Attorney(s) appearing for the Case

Steven J. Ross argued the cause for petitioner. With him on the briefs were Allen C. Barringer, David B. Raskin and Cynthia L. Taub.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was John H. Conway, Deputy Solicitor. Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, entered appearances.

Kevin J. McIntyre and Leonard W. Belter were on the brief for intervenors FirstEnergy Corp., et al.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Potomac Electric Power Company ("PEPCO") petitions for review of two orders of the Federal Energy Regulatory Commission ("FERC") denying its request under § 206 of the Federal Power Act ("FPA"), 16 U.S.C. § 824e (1994), for unilateral modification of the rates prescribed by a long-term, fixed rate, power transmission service agreement between PEPCO and the Allegheny Power...

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