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WABASH VALLEY POWER ASS'N, INC. v. F.E.R.C.

No. 00-1297.

268 F.3d 1105 (2001)

WABASH VALLEY POWER ASSOCIATION, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. American Electric Power Company, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2001.

Attorney(s) appearing for the Case

James T. Malysiak argued the cause for petitioner. With him on the briefs was Lee A. Freeman, Jr.

Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Susan J. Court, Associate Solicitor.

J.A. Bouknight, Jr. argued the cause for intervenor. With him on the brief were Douglas G. Green and Samuel T. Perkins. Shannen W. Coffin entered an appearance.

Before: GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

American Electric Power Co., Inc. ("AEP") and Central and South West Corp. ("CSW"), two large regional utility holding companies, jointly petitioned the Federal Energy Regulatory Commission ("FERC" or "Commission") for merger approval, as required by § 203 of the Federal Power Act, 16 U.S.C. § 824b(a) (1994). When presented with a merger or acquisition request...

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