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IDAHO POWER CO. v. F.E.R.C.

No. 01-1314.

312 F.3d 454 (2002)

IDAHO POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arizona Public Service Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2002.

Attorney(s) appearing for the Case

Charles G. Cole argued the cause for petitioner. With him on the briefs were Gary A. Morgans and Alice E. Loughran.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

John D. McGrane was on the brief for intervenor.

Before: EDWARDS, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Petitioner, Idaho Power Company, challenges two FERC orders barring Idaho Power from entering into a 10-year contract to provide electricity to the IP Merchant Group ("IP Merchant") from December 2000 through December 2010. See Idaho Power Co., Order Denying Petition for Declaratory Order, 94 F.E.R.C. ¶ 61,311, 2001 WL 275044 (2001) ("Order Denying Petition...

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