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CITY OF CHICAGO v. FEDERAL POWER COMMISSION

Nos. 19604, 19836.

385 F.2d 629 (1967)

CITY OF CHICAGO, a Municipal Corporation of the State of Illinois, and Public Service Commission of the State of Wisconsin, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Natural Gas Pipeline Company of America, Intervenor. NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided September 8, 1967.

As Amended October 31, 1967.

Petition for Rehearing Denied October 31, 1967.

Attorney(s) appearing for the Case

Mr. Mathias M. Mattern, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. William T. Torkelson, Madison, Wis., was on the brief, for petitioners in No. 19,604.

Mr. William W. Brackett, Chicago, Ill., for petitioner in No. 19,836.

Mr. Peter H. Schiff, Deputy Sol., F. P. C., with whom Messrs. Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol. at the time of argument, and Abraham R. Spalter, Asst. Gen. Counsel, F. P. C., were on the brief, for respondent.

Before BURGER, TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

This case presents a cluster of issues concerning the proper treatment, for purposes of regulation by the Federal Power Commission of the rates of natural gas pipeline companies, of the higher deductions permitted in calculation of Federal income tax by the liberalized depreciation provisions of Section 167 of the Internal Revenue Code of 1954.1 In addition to questions of general approach

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