ALLEGHENY POWER v. FEDERAL ENERGY REGULATORY COM'N

No. 04-1340.

437 F.3d 1215 (2006)

ALLEGHENY POWER, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Allegheny Electric Cooperative, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2006.


Attorney(s) appearing for the Case

Leonard W. Belter argued the cause for petitioner. With him on the briefs were Raymond B. Wuslich and Margaret H. Claybour.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Robert Weinberg and Eli D. Eilbott were on the brief for intervenor in support of respondent.

Before: TATEL and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

This is a dispute between a utility and the Federal Energy Regulatory Commission over the rate for sending electricity over certain low-voltage facilities not covered by the relevant Open Access Transmission Tariff. We grant the utility's petition in part and dismiss it in part.

* * *

Allegheny Energy, Inc., owns (1) Allegheny Energy Supply Company...

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