Legal Opinion
Minnesota Power & Light Company v. Federal Energy Regulatory Commission
Court of Appeals for the Eighth Circuit
Decided August 1, 1988No. 87-2230PublishedCited by 16 opinions
1Opinion of the Court
BRIGHT, Senior Circuit Judge.
Minnesota Power & Light Company (MP &L) appeals the Federal Energy Regulatory Commission (FERC) decision preventing MP&L from passing certain fuel-related expenses onto its wholesale customers through its fuel adjustment clause (FAC). MP&L asserts the FERC erred in: (1) prohibiting MP&L from including the expenses in its computation of the FAC; (2) not waiving the FERC regulations and allowing MP&L to include the expenses in its FAC. While we believe that FERC acted properly under the circumstances, we remand for further consideration of waiver for reasons stated…
2Cases cited3 opinions
- Public Service Company of New Hampshire v. Federal Energy Regulatory Commission, New Hampshire Electric Cooperative, Inc., Towns of Ashland and Wolfeboro, New Hampshire Village Precinct of New Hampton, New Hampshire, Intervenors. Appalachian Power Company v. Federal Energy Regulatory Commission, Appalachian Power Company v. Federal Energy Regulatory Commission, Cities of Bedford, Intervenors. Pennsylvania Electric Company v. Federal Energy Regulatory Commission, Allegheny Electric Cooperative, Inc., Intervenor. Metropolitan Edison Company v. Federal Energy Regulatory Commission, Pennsylvania Public Utility Commission, Boroughs of Kutztown, Goldsboro & Lewisberry, Pennsylvania, Allegheny Electric Cooperative, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1979
- Moore v. CustisCourt of Appeals for the Eighth Circuit · 1984
- United Gas Pipe Line Company v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1983
3Cited by16 opinions
- Towns of Concord, Norwood, and Wellesley, Massachusetts v. Federal Energy Regulatory Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1992
- Koch Gateway Pipeline Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1998
- Indiana Municipal Power Agency v. Federal Energy Regulatory Commission, Indiana Michigan Power Company, IntervenorCourt of Appeals for the D.C. Circuit · 1995
- Gulf Power Company v. Federal Energy Regulatory Commission, Florida Public Utilities Company, IntervenorCourt of Appeals for the D.C. Circuit · 1993
- California Department of Water Resources v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2007
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