PENNSYLVANIA WATER & POWER CO. v. FEDERAL POWER COM'N

Nos. 10236, 10239, No. 10531.

193 F.2d 230 (1951)

PENNSYLVANIA WATER & POWER CO. et al. v. FEDERAL POWER COMMISSION (two cases). PENNSYLVANIA PUBLIC UTILITY COMMISSION v. FEDERAL POWER COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1951.

Dissenting Opinion October 4, 1951.

Writ of Certiorari Granted February 4, 1952.


Attorney(s) appearing for the Case

Randall J. LeBoeuf, Jr., New York City, with whom Craigh Leonard, Wilkie Bushby, New York City, Raymond Sparks, F. G. Awalt, Preston C. King, Jr., and Daryal A. Myse, Washington, D. C., were on the brief, for petitioners Pennsylvania Water & Power Co. and Susquehanna Transmission Co. of Maryland.

Charles E. Thomas, Counsel, Pennsylvania Public Utility Commission, Harrisburg, Pa., pro hac vice, by special leave of Court, with whom Thomas M. Kerrigan, Asst. Counsel, Pennsylvania Public Utility Commission, Harrisburg, Pa., was on the brief, for petitioner Pennsylvania Public Utility Commission.

Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission, and Reuben Goldberg, Atty., Federal Power Commission, with whom Bradford Ross, Gen. Counsel, Federal Power Commission, Washington, D. C., was on the brief, for respondent.

Charles D. Harris, Gen. Counsel, Public Service Commission of Maryland, Baltimore, Md., for intervenor Public Service Commission of Maryland.

G. Kenneth Reiblich and Alfred P. Ramsey, Baltimore, Md., for intervenor Consolidated Gas Electric Light & Power Co. of Baltimore.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.


Writ of Certiorari Granted February 4, 1952. See 342 U.S. 931, 72 S.Ct. 375.

BAZELON, Circuit Judge.

In 1944, the Federal Power Commission received two petitions — one from the Mayor and City. Council of Baltimore and others, the other from the Public Service Commission of Maryland — requesting that it institute an investigation of the justness and reasonableness of the rates and charges of Pennsylvania Water and Power Company and Susquehanna...

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