Public Service Commission of Wisconsin, Petitioner, v. Federal Energy Regulatory Commission, Respondent, 966 F.2d 702 (D.C. Cir. 1992)

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US Court of Appeals for the District of Columbia Circuit - 966 F.2d 702 (D.C. Cir. 1992) June 10, 1992

Before WALD, STEPHEN F. WILLIAMS and RANDOPH, Circuit Judges.



This petition was considered on the record and on the briefs and oral arguments of counsel. Appropriate disposition of this case does not require a published opinion. See D.C. Cir. Rule 14(c). It is apparent on consideration of the merits arguments that the court cannot confidently classify the purported policy statement as a true policy statement or a legislative rule without examining its application in a proceeding of which the full record is before the court. See Public Citizen, Inc. v. U.S. Nuclear Regulatory Commission, 940 F.2d 679, 683 (D.C. Cir. 1991) ("The statement's own signals being in conflict, only Commission practice under the policy can make the issue determinable and thus fit for review"). It is, accordingly,

ORDERED AND ADJUDGED that the petition for review be denied.