PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
New Hampshire Electric Cooperative, Inc., Towns of Ashland and Wolfeboro, New Hampshire Village Precinct of New Hampton, New Hampshire, Intervenors.
APPALACHIAN POWER COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
APPALACHIAN POWER COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Cities of Bedford et al., Intervenors.
PENNSYLVANIA ELECTRIC COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Allegheny Electric Cooperative, Inc., Intervenor.
METROPOLITAN EDISON COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Pennsylvania Public Utility Commission, Boroughs of Kutztown, Goldsboro & Lewisberry, Pennsylvania, Allegheny Electric Cooperative, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 1, 1978.
Decided May 3, 1979.
Rehearing Denied July 3, 1979.
Attorney(s) appearing for the Case
George F. Bruder, Washington, D. C., with whom Albert R. Simonds, Jr., Washington, D. C., was on the brief, for petitioner in No. 77-1592.
Leonard W. Belter, Washington, D. C., with whom James B. Liberman and Donald K. Dankner, Washington, D. C., were on the brief, for petitioner in Nos. 78-1329 and 78-1330.
Edward J. Brady, New York City, with whom Edward A. Caine and Alfred Charles Koeppe, New York City, were on the brief, for petitioner in Nos. 77-2004 and 77-2005.
Lynn N. Hargis, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D. C., was on the brief, for respondent.
Robert C. McDiarmid, Washington, D. C., with whom Robert H. Bear, Washington, D. C., was on the brief, for intervenor, New Hampshire Elec. Cooperative, Inc., et al. in No. 77-1592.
William C. Wise and Robert Weinberg, Washington, D. C., were on the brief, for intervenor, Allegheny Elec. Cooperative, Inc. and Boroughs in Nos. 78-1329 and 78-1330.
Gordon P. MacDougall, Washington, D. C., was on the brief, for intervenor, Pennsylvania Public Utility Commission in No. 78-1330.
Ronald D. Eastman and Jeffrey D. Komarow, Washington, D. C., were on the brief, for intervenor, the Boroughs of Kutztown, Goldsboro and Lewisberry, Pennsylvania in No. 78-1330.
Northcutt Ely and Frederick H. Ritts, Washington, D. C., were on the brief, for intervenors, Cities of Bedford et al. in No. 77-2005.
Joseph G. Stiles, John J. Lahey and Philip R. Telleen, Attys., Federal Energy Regulatory Commission, Washington, D. C., entered appearances, for respondent.
Before TAMM and MacKINNON, Circuit Judges, and JOHN H. PRATT, United States District Judge for the United States District Court for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Rehearing Denied in Nos. 78-1329 and 78-1330 July 3, 1979.
Opinion for the Court filed by Circuit Judge MacKINNON.
MacKINNON, Circuit Judge:
Petitioner electric companies1 seek review of ten orders of the Federal Power Commission (hereinafter "Commission").2 In the challenged orders, the Commission refused to allow the electric companies to impose rate surcharges to compensate for alleged uncompensated...
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