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TOWNS OF CONCORD, NORWOOD AND WELLESLEY v. F.E.R.C.

Nos. 83-1446, 83-1768.

729 F.2d 824 (1984)

TOWNS OF CONCORD, NORWOOD AND WELLESLEY, MASSACHUSETTS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boston Edison Company, Intervenor. (Two cases)

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1984.

Attorney(s) appearing for the Case

Woodrow D. Wollesen, Washington, D.C., with whom Charles F. Wheatley, Jr., Washington, D.C., was on the brief for petitioners in Nos. 83-1446 and 83-1768.

Joseph S. Davies, Washington, D.C., for respondent. Stephen R. Melton, Acting Gen. Counsel, Barbara J. Weller, Deputy Sol. and Andrea Wolfman, Attorney, F.E.R.C., Washington, D.C., were on the brief for respondent. Arlene Pianko Groner, Attorney, F.E.R.C., Washington, D.C., also entered an appearance for respondent in Nos. 83-1446 and 83-1768.

Carmen L. Gentile and James E. Hickey, Jr., Washington, D.C., were on the brief for intervenor, Boston Edison Company, in Nos. 83-1446 and 83-1768.

Before TAMM, WALD and GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In this rate controversy between Boston Edison Company (Edison) and its wholesale customers, the Towns of Concord, Norwood, and Wellesley, Massachusetts (Towns), the Federal Energy Regulatory Commission (FERC or Commission) made a policy decision: FERC determined that an electric utility could immediately commence collecting from ratepayers contributions to costs the utility would...

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