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EL PASO ELEC. CO. v. F.E.R.C.

No. 99-60453.

201 F.3d 667 (2000)

EL PASO ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

February 9, 2000.

Attorney(s) appearing for the Case

David F. Graham, Donald Cameron Findlay (argued), Sidley & Austin, Chicago, IL, James K. Mitchell, Thelen, Reid & Priest, Washington, DC, for Petitioner.

Lona Triplett Perry (argued), Jay L. Witkin, Federal Energy Regulatory Commission, Office of the Solicitor, Washington, DC, for Respondents.

Clinton Andrew Vince (argued), J. Cathy Fogel, Robin Remis Shichman, Verner, Liipfert, Bernhard, McPherson & Hand, Washington, DC, for Intervenor City of Las Cruces.

Before DUHE, BARKSDALE and DENNIS, Circuit Judges.

DUHE, Circuit Judge:

Petitioner El Paso Electric Company ("EPE") seeks review of two orders of the Federal Energy Regulatory Commission ("FERC"): one requiring EPE to sell power at wholesale to the City of Las Cruces, New Mexico, 86 FERC ¶ 61,065 (1999) (the "Order"); the other denying EPE's motion for rehearing and dismissing its motion for stay as moot, 87 FERC ¶ 61,220 (1999) (the "Rehearing Order"). For the reasons stated herein, we AFFIRM in part and...

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