Legal Opinion
Consolidated Edison Company of New York, Inc., Duquesne Light Company, and Ohio Edison Company v. United States Department of Energy
Court of Appeals for the D.C. Circuit
Decided April 21, 1989No. 88-1194PublishedCited by 4 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge FLOYD R. GIBSON.
Concurring opinion filed by Circuit Judge SILBERMAN.
FLOYD R. GIBSON, Senior Circuit Judge:
Petitioners Consolidated Edison Company of New York, Inc., Duquesne Light Company, and Ohio Edison Company (“the utilities”) challenge a portion of a final rule promulgated by the Department of Energy (“DOE”) pursuant to the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq. (1982) (“NWPA” or “the Act”).
The rule provides that utilities that generate nuclear power must pay a statutorily prescribed fee based on “net kilowatt hours…
2Cases cited4 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Udall v. TallmanSupreme Court of the United States · 1965
- City of Cleveland, Ohio v. Federal Power Commission, Cleveland Electric Illuminating Co., IntervenorCourt of Appeals for the D.C. Circuit · 1977
- Wisconsin Electric Power Co. v. Department of EnergyCourt of Appeals for the D.C. Circuit · 1985
3Cited by4 opinions
- Commonwealth Edison Co. v. United States Department of Energy and United States of AmericaCourt of Appeals for the D.C. Circuit · 1989
- National Ass'n of Regulatory Utility Commissioners v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 2013
- Consolidated Edison Company of New York, Inc., Duquesne Light Company, and Ohio Edison Company v. United States Department of EnergyCourt of Appeals for the D.C. Circuit · 1989
- Natl Assoc., Reg. Util Commiss v. Department of EnergyCourt of Appeals for the D.C. Circuit · 2013