Delmarva Power & Light Company v. Federal Energy Regulatory Commission, Cities of Newark and New Castle, Delaware, Intervenors

BORK, Circuit Judge:

Delmarva Power & Light Company petitions for review of a decision of the Federal Energy Regulatory Commission refusing to include the annualized costs of a new generating plant in Delmarva’s test period rate base. Our jurisdiction is based on 16 U.S.C. § 825Z (b) (1982).

Delmarva had the burden of establishing that the annualization method it chose resulted in a test-year estimate reasonable when made. The Commission’s Administrative Law Judge (“ALJ”) held that Delmarva had not carried its burden, and the Commission summarily affirmed that aspect of the ALJ’s decision. For…