DAYTON POWER AND LIGHT CO. v. FEDERAL POWER COM'N

No. 13525.

246 F.2d 694 (1957)

The DAYTON POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Fuel Gas Company and Central Kentucky Natural Gas Company, Intervenors, Commonwealth Natural Gas Corporation, Intervenor, Cities of Lexington, Georgetown, Covington, Newport, Mt. Sterling, Paris, Irvine, Ravenna, Cynthiana, Ashland, Dayton, Catlettsburg, Bellevue, Winchester, Ft. Thomas and Ft. Mitchell, Kentucky, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 3, 1957.


Attorney(s) appearing for the Case

Messrs. Julian de Bruyn Kops, Jr., and Roy D. Boucher, Dayton, Ohio, with whom Mr. Frederick C. Wellington, Dayton, Ohio, was on the brief, for petitioner.

Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, Howard E. Wahrenbrock and W. Russell Gorman, Asst. Gen. Counsel, Federal Power Commission, and David S. Lichtenstein, Atty., Federal Power Commission, submitted on the brief, for respondent.

Mr. Richard A. Rosan, New York City, with whom Mr. John P. Randolph, Washington, D. C., was on the brief, for intervenors United Fuel Gas Co. and Central Kentucky Natural Gas Co.

Mr. James O. Watts, Jr., Lynchburg, W. Va., with whom Mr. Stanley M. Morley, Washington, D. C., was on the brief, for intervenor Commonwealth Natural Gas Corp.

Mr. J. Parker Connor, Washington, D. C., with whom Messrs. Charles S. Rhyne, Brice W. Rhyne and Eugene F. Mullin, Jr., Washington, D. C., were on the brief, for intervenors City of Lexington, Ky., and others.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

Dayton Power and Light Company petitions us to review and set aside an order of the Federal Power Commission which authorized Central Kentucky Natural Gas Company and its affiliated supplier, United Fuel Gas Company, to amend their demand-commodity rate structures by providing for a contract demand for the life of the service agreement, instead of the annually ascertained peak demand theretofore in effect.1

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