Legal Opinion

Appalachian Power Company v. Federal Energy Regulatory Commission, Town of Richlands, Virginia, Intervenors

Court of Appeals for the D.C. Circuit

Decided December 17, 1996No. 94-1411, 95-1612PublishedCited by 4 opinions

1Opinion of the Court

STEPHEN F. WILLIAMS, Circuit Judge:

Section 211 of the Federal Power Act (“FPA”), 16 U.S.C. § 824j (1994), authorizes the Federal Energy Regulatory Commission to order an electric utility with transmission capability to “wheel” electricity, i.e., to provide transmission services for the electric power of other providers. Here FERC exercised this authority and ordered the Appalachian Power Company (“Appalachian” or “APCo”) to transmit electricity that a group of Virginia municipalities (the “Municipals”), wholesale electric customers of Appalachian, had contracted to buy from another supplier,…

2Cases cited4 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Consolidated Gas Transmission Corporation v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1985
  4. Williams Natural Gas Company v. Federal Energy Regulatory Commission, Missouri Public Service Commission, IntervenorCourt of Appeals for the D.C. Circuit · 1996

3Cited by4 opinions

  1. Ameren Services Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2003
  2. Southern California Edison Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2007
  3. Xcel Energy Services Inc. v. FERCCourt of Appeals for the D.C. Circuit · 2023
  4. Pacific Gas & Electric Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2003

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