BOSTON EDISON CO. v. F.E.R.C.

Nos. 04-2590, 05-1836.

441 F.3d 10 (2006)

BOSTON EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Concord Municipal Light Plant, Wellesley Municipal Light Plant, Intervenors.

United States Court of Appeals, First Circuit.

Decided March 20, 2006.


Attorney(s) appearing for the Case

Carmen L. Gentile with whom Bruder, Gentile & Marcoux, L.L.P., and Mary E. Grover, Assistant General Counsel, Legal Department, NSTAR Electric & Gas Corporation, were on consolidated brief for petitioner.

Patrick Y. Lee with whom John S. Moot, General Counsel, and Robert H. Solomon, Acting Solicitor, were on consolidated brief for respondent.

J. Cathy Fogel with whom Robin E. Remis and Sullivan & Worcester LLP were on consolidated brief for intervenor Concord Municipal Light Plant.

John P. Coyle with whom Paul M. Breakman and Duncan & Allen were on consolidated brief for intervenor Wellesley Municipal Light Plant.

Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.


BOUDIN, Chief Judge.

In a dispute with two of its Massachusetts customers, Boston Edison petitions for review of a decision of the Federal Energy Regulatory Commission ("FERC"). The customers are the municipal power departments of the towns of Concord and Wellesley (collectively, "the Towns"). The common question is whether Boston Edison is permitted to impose a particular transmission charge in delivering electrical power...

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