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The Vermont Department of Public Service ("VDPS") appeals from the denial of its motion to intervene as a plaintiff in a suit filed by the Washington Electric Cooperative, Inc. ("WEC") against the Massachusetts Municipal Wholesale Electric Company ("MMWEC"). In the underlying action, WEC sought to recover $924,208.71 paid to MMWEC under a Power Sales Agreement previously declared void by the Vermont Supreme Court. Vermont Dep't of Pub. Serv. v. Massachusetts Mun. 94*94 Wholesale Elec. Co., 151 Vt. 73, 558 A.2d 215 (1988), cert. denied ___ U.S. ____, 110 S.Ct. 202, 107 L.Ed.2d 155 (1989). VDPS argues that the district court erred in finding that its statutory powers did not include the capacity to intervene in the action, and that, even if it had the capacity, it could not satisfy the requirements for either intervention as of right under Fed.R.Civ.P. 24(a)(2) or permissive intervention under Fed.R.Civ.P. 24(b).

We hold that VDPS has the capacity under Vermont law to intervene in this action, but has failed to satisfy the criteria for intervention as of right or by permission under Fed.R.Civ.P. 24. Accordingly, the judgment of the district court denying VDPS's motion to intervene is affirmed.


922 F.2d 92 (1990)



MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC CO., Defendant-Appellee, Green Mountain Power Corp., Village of Hardwick; Village of Ludlow; Village of Swanton; Village of Morrisville; Village of Lyndonville; and Village of Stowe, Trustee/Defendants, State of Vermont Department of Public Service, Plaintiff-Intervenor-Appellant.

No. 112, Docket 90-7333.

United States Court of Appeals, Second Circuit.

Argued September 13, 1990.

Decided December 18, 1990.

New York Law School location: File #1061, Box #126