Legal Opinion

City of Cleveland, Ohio v. Federal Energy Regulatory Commission, Cleveland Electric Illuminating Company, Intervenor

Court of Appeals for the D.C. Circuit

Decided October 8, 1985No. 84-1267PublishedCited by 17 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This appeal involves a challenge to an order of the Federal Energy Regulatory Commission accepting a compliance filing by the Cleveland Electric Illuminating Company (“CEI”) — i.e., a schedule of rates submitted by CEI in purported compliance with instructions contained in an earlier order of the Commission — covering short-term and limited-term power service to the City of Cleveland. The principal legal issues presented are whether supplementary evidentiary hearings were required at the compliance filing stage; whether…

2Cases cited7 opinions

  1. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
  2. Community Nutrition Institute v. John R. Block, Secretary of AgricultureCourt of Appeals for the D.C. Circuit · 1984
  3. Sellers v. Iowa Power and Light CompanyDistrict Court, S.D. Iowa · 1974
  4. Northern California Power Agency v. MortonDistrict Court, District of Columbia · 1975
  5. Association of Data Processing Service Organizations, Inc. v. Board of Governors of the Federal Reserve SystemCourt of Appeals for the D.C. Circuit · 1984

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3Cited by17 opinions

  1. California Independent System Operator Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2004
  2. County of Delaware v. Department of TransportationCourt of Appeals for the D.C. Circuit · 2009
  3. Town of Norwood, Massachusetts v. Federal Energy Regulatory Commission, New England Power Company, IntervenorCourt of Appeals for the First Circuit · 2000
  4. Public Service Commission of the State of New York v. Federal Energy Regulatory Commission, Columbia Gas Transmission Corporation, Public Service Electric and Gas Company, Cities of Clarksville and Springfield, Tennessee, Tennessee Gas Pipeline Company, Conoco, Inc., Intervenors. Tennessee Gas Pipeline Company, a Division of Tenneco, Inc. v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Pennsylvania Gas and Water Co., Orange and Rockland Utilities, Inc., Nashville Gas Co., Cities of Clarksville and Springfield, Tennessee, the Berkshire Gas Company, Peoples Gas Light and Coke Company, Public Service Electric and Gas Company, Conoco, Inc., Columbia Gas Transmission Corporation, East Tennessee Group, Intervenors. Consolidated Edison Company of New York, Inc. v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Tennessee Gas Pipeline Company, Pennsylvania Gas and Water Co., Berkshire Gas Company, East Tennessee Group, IntervenorsCourt of Appeals for the D.C. Circuit · 1987
  5. Calpine Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2012

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