New York State Electric & Gas Corporation v. Federal Energy Regulatory Commission, Independent Power Producers of New York, Inc., Intervenors

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The New York State Electric & Gas Corporation (N.Y.SEG) seeks review of an order of the Federal Energy Regulatory Commission declaring that the rates NYSEG pays for power produced by two qualifying facilities (QFs) do not violate § 210(b) of the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C.§ 824a-3(b). Because the challenged order does nothing more, in effect, than announce the position that the Commission might take in an enforcement action before a federal district court, we are without…