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WHEELABRATOR LISBON v. CONNECTICUT DEPT. OF PUB.

Docket No. 06-3632-cv.

531 F.3d 183 (2008)

WHEELABRATOR LISBON, INC., Plaintiff-Appellant, Wheelabrator Technologies, Inc. and Minnesota Methane LLC., Plaintiffs, v. State of CONNECTICUT DEPARTMENT OF PUBLIC UTILITY CONTROL, Donald W. Downes, Jack R. Goldberg, John W. Betkoski III, Linda J. Kelly, and Anne C. George, Commissioners of the State of Connecticut Department of Public Utility Control, Defendants-Appellees, The Connecticut Light and Power Company, Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 25, 2008.

Attorney(s) appearing for the Case

Vincenzo Franco, (Margaret A. Moore, Howard E. Shapiro, on the brief), Van Ness Feldman, P.C., Washington, D.C., for Plaintiff-Appellant.

Tatiana D. Eirmann, Assistant Attorney General, (Richard Blumenthal, Attorney General, on the brief), Office of the Attorney General, State of Connecticut, New Britain, CT, for Defendants-Appellees.

Philip M. Small, (Khristopher M. Gregoire, on the brief), Brown Rudnick Berlack Israels LLP, Hartford, CT, for Intervenor-Defendant-Appellee Connecticut Light and Power Company.

Before: KEARSE, LEVAL, and CABRANES, Circuit Judges.

PER CURIAM:

Plaintiff Wheelabrator Lisbon, Inc. challenges a decision of defendant State of Connecticut Department of Public Utility Control ("DPUC")2 concerning an Electricity Purchase Agreement ("Agreement") for the sale of wholesale electricity between Wheelabrator3 and intervenor Connecticut Light and Power Company ("CL & P"). The principal dispute concerns the ownership of the renewable energy attributes...

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