CALIFORNIA ELECTRIC POWER CO. v. FEDERAL POWER COM'N

No. 12987.

199 F.2d 206 (1952)

CALIFORNIA ELECTRIC POWER CO. v. FEDERAL POWER COMMISSION et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 12, 1952.


Attorney(s) appearing for the Case

Henry W. Coil, Donald J. Carman, Riverside, Cal. (Harold M. Hammack and Kenneth M. Lemon, Riverside, Cal., of counsel), for petitioner.

Bradford Ross, Gen. Counsel, Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission and (Leonard Eesley, Washington, D. C., Francis L. Hall, Arlington, Va., Louis C. Kaplan, Attys., Federal Power Commission, Rogers Heights, Md., of counsel), for respondent.

L. E. Blaisdell, Dist. Atty. of Mineral County, Hawthorne, Nev., for intervenor Mineral County.

Holmes Baldridge, Asst. Atty. Gen., Paul A. Sweeney, Melvin Richter, T. S. L. Perlman, Attys., Department of Justice, Washington, D. C. (Charles Goodwin, Counsel, George Spiegel, Asst. Counsel, Bureau of Yards & Docks, Department of Navy, Washington, D. C., of counsel) for the United States as intervenor.

Everett C. McKeage, Boris H. Lakusta, Wilson E. Cline, Attys., Public Utilities Commission of State of California, San Francisco, Cal., for California Public Utilities Commission, as amicus curiae.

Before MATHEWS, HEALY, and ORR, Circuit Judges.


HEALY, Circuit Judge.

California Electric Power Company petitions for review of an order of the Federal Power Commission directing it to cease and desist from charging two Nevada customers (the Department of the Navy and Mineral County, Nevada) any rate other than "filed rates" for electric energy it sells those customers.

The Commission's order does not assume to perpetuate the "filed rates," but provides only that...

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