MEMORANDUM OPINION
SPORKIN, District Judge.
In April of 1991, after several stages of administrative review had been completed, plaintiff brought this action seeking a declaratory judgment stating that the Federal Energy Regulatory Commission (FERC) was required to rule on the procedural validity of the layering rule, 10 C.F.R. § 212.186. The defendants opposed remanding the case to FERC and instead sought to have this Court decide the legal issues...
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