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APPALACHIAN POWER CO. v. F.E.R.C.

Nos. 94-1411, 95-1612.

101 F.3d 1432 (1996)

APPALACHIAN POWER COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Town of Richlands, Virginia, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Edward Berlin argued the cause for petitioner. Kenneth G. Jaffe, Michael E. Ward and Edward J. Brady were with him on the briefs.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. Jerome M. Feit, Solicitor, was with him on the brief.

Jill M. Barker argued the cause for intervenors. Frederick H. Ritts and John S. Moot were with her on the brief. Cheryl M. Foley entered an appearance.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

Section 211 of the Federal Power Act ("FPA"), 16 U.S.C. § 824j (1994), authorizes the Federal Energy Regulatory Commission to order an electric utility with transmission capability to "wheel" electricity, i.e., to provide transmission services for the electric power of other providers. Here FERC exercised this authority and ordered the Appalachian Power Company ("Appalachian" or "APCo") to transmit electricity that a group...

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