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GULF STATES UTILITIES CO. v. F.E.R.C.

No. 88-1071.

872 F.2d 487 (1989)

GULF STATES UTILITIES COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Union Carbide Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1989.

Attorney(s) appearing for the Case

Daniel L. Koffsky, with whom Wm. Warfield Ross and Jane Seigler, Washington, D.C., were on the brief, for petitioner.

Joseph S. Davies, Atty., FERC, with whom Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., FERC, Washington, D.C., were on the brief, for respondent.

Philip A. Fleming, Washington, D.C., was on the brief for intervenor.

Before STARR, BUCKLEY and D.H. GINSBURG, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Cogeneration facilities are designed to meet the thermal and electrical energy needs of particular commercial and industrial consumers. Congress requires electrical utilities to provide qualifying cogeneration facilities with standby "back-up" power. Gulf States Utilities Company challenges a Federal Energy Regulatory Commission finding that a Union Carbide Corporation plant is entitled...

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