SIERRA PACIFIC POWER CO. v. FEDERAL POWER COM'N

No. 12430.

223 F.2d 605 (1955)

SIERRA PACIFIC POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Pacific Gas and Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1955.

Writ of Certiorari Granted May 23, 1955.


Attorney(s) appearing for the Case

Mr. William C. Chanler, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Lawrence A. Baker, Washington, D. C., was on the brief, for petitioner.

Mr. Howard E. Wahrenbrock, Assistant General Counsel, Federal Power Commission, with whom Mr. Willard W. Gatchell, General Counsel, Federal Power Commission, was on the brief, for respondent.

Mr. F. T. Searls, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. Robert E. May, Washington, D. C., was on the brief, for intervenor.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.


Writ of Certiorari Granted May 23, 1955. See 75 S.Ct. 785.

BAZELON, Circuit Judge.

In 1938, Pacific Gas and Electric Company, a public utility under the laws of California, and Part II of the Federal Power Act,1 entered into its second 15-year contract to sell electric energy to Sierra Pacific Power Company, a public utility under the laws of California and Nevada. With the end of World War II, it became apparent that before expiration...

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