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NIAGARA MOHAWK POWER CORP. v. FEDERAL POWER COM'N

No. 10862.

202 F.2d 190 (1952)

NIAGARA MOHAWK POWER CORP. v. FEDERAL POWER COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided December 31, 1952.

Writ of Certiorari Granted May 18, 1953.

Attorney(s) appearing for the Case

John W. Davis, New York City, with whom Randall J. LeBoeuf, Jr., and Chauncey P. Williams, Jr., New York City, were on the brief, for petitioner. Craigh Leonard, New York City, also entered an appearance on behalf of petitioner.

Willard W. Gatchell, Assistant General Counsel, Federal Power Commission, Washington, D. C., with whom Bradford Ross, General Counsel, Federal Power Commission, Washington, D. C., was on the brief, for respondent.

Before KIMBROUGH STONE, Circuit Judge, retired (sitting by designation), and WILBUR K. MILLER and BAZELON, Circuit Judges.

Writ of Certiorari Granted May 18, 1953. See 73 S.Ct. 939.

PER CURIAM.

The question on this review is whether the Federal Power Commission correctly determined the amortization reserve liability, under § 10(d) of the Federal Power Act, 16 U.S.C.A. § 803(d), of a water power licensee.

Long prior to the enactment of the Federal Water Power Act of 1920, 41 Stat. 1063,1 the Niagara Falls Power Company

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