TOWN OF NORWOOD, MASS. v. F.E.R.C.

Nos. 06-1658, 06-2054.

476 F.3d 18 (2007)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New England Power Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided February 2, 2007.


Attorney(s) appearing for the Case

Robert A. Jablon with whom Elaine C. Lippmann, Spiegel & McDiarmid, Charles F. Wheatley, Jr., Wheatley & Ranquist, P.A., J. Owen Todd, Juliet A. Davison, Heidi A. Nadel and Todd & Weld LLP were on consolidated brief for petitioner.

Michael E. Kaufmann with whom John S. Moot, General Counsel, and Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, were on consolidated brief for respondent.

Kenneth G. Jaffe with whom Alston & Bird LLP, and John F. Sherman III, Deputy General Counsel, National Grid USA Services Company, Inc., were on brief for intervenor.

Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.


BOUDIN, Chief Judge.

The Town of Norwood, Massachusetts ("Norwood"), which operates a municipal electric system serving local businesses and residents, seeks review of an order of the Federal Energy Regulatory Commission ("FERC"). The order sustained a contract termination charge contained in a tariff previously filed by New England Power Company ("NEPCO"). The background events have been the subject of prior litigation in this court, principally in Town of Norwood...

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