Legal Opinion

Cities of Newark, New Castle & Seaford v. Federal Energy Regulatory Commission

Court of Appeals for the Third Circuit

Decided June 3, 1985No. 84-3049PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

BECKER, Circuit Judge.

This opinion addresses a petition for review of an order of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) by four Delaware municipalities (“municipalities”) that purchase electric power at wholesale from intervenor Delmarva Power and Light Company (“Delmarva”). The petition raises two important questions, one concerning our jurisdiction and the other concerning the substance of the Commission’s order.

The threshold question is whether we have subject matter jurisdiction under § 313(b) of the Federal Power Act (the “Act”), 16…

2Cases cited34 opinions

  1. McKart v. United StatesSupreme Court of the United States · 1969
  2. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  3. Chicago & Southern Air Lines, Inc. v. Waterman Steamship Corp.Supreme Court of the United States · 1948
  4. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  5. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981

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3Cited by1 opinion

  1. Cities of Newark, New Castle and Seaford, Delaware v. Federal Energy Regulatory CommissionCourt of Appeals for the Third Circuit · 1985

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