United States First Circuit

Petition for review of a FERC decision allowing towns to purchase energy without paying transmission fees is denied where the administrative law judge's interpretation of the contract between the towns and the utility was reasonable, and where the obscurity of the materials, and the need for expertise, supported giving deference to the views of the expert agency.

Appellate Information

• Decided 03/20/2006
• Published 03/20/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carmen L. Gentile with whom Bruder, Gentile & Marcoux, L.L.P., and Mary E. Grover, Assistant General Counsel, Legal Department, NSTAR Electric & Gas Corporation, were on consolidated brief for petitioner., J. Cathy Fogel with whom Robin E. Remis and Sullivan & Worcester LLP were on consolidated brief for intervenor Concord Municipal Light Plant., John P. Coyle with whom Paul M. Breakman and Duncan & Allen were on consolidated brief for intervenor Wellesley Municipal Light Plant.


• For Appellees:
  
• Patrick Y. Lee with whom John S. Moot, General Counsel, and Robert H. Solomon, Acting Solicitor, were on consolidated brief for respondent.