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NEW ENGLAND POWER COMPANY v. F.E.R.C.

No. 07-2418.

533 F.3d 55 (2008)

NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Town of Norwood, Massachusetts, Intervenor.

United States Court of Appeals, First Circuit.

Decided July 16, 2008.

Attorney(s) appearing for the Case

Kenneth G. Jaffe, with whom John F. Sherman, III, Ronald E. Minsk, and Alston & Bird LLP were on brief, for petitioner.

Samuel Soopper, with whom Cynthia A. Marlette and Robert H. Solomon were on brief, for respondent.

Robert A. Jablon, with whom Daniel I. Davidson, Sharon Coleman, Spiegel & McDiarmid LLP, J. Owen Todd, Juliet A. Davison, Heidi A. Nadel, and Todd & Weld LLP were on brief, for intervenor.

Before TORRUELLA, Circuit Judge, CUDAHY, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

New England Power Company ("NEP") seeks review of orders of the Federal Energy Regulatory Commission ("FERC" or the "Commission").1 In the orders, FERC found the 18 percent per year late payment charge that NEP had applied to the Town of Norwood's overdue contract termination payments to be unjust and unreasonable. FERC ordered that NEP substitute a prime rate-based interest...

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