PACIFIC GAS AND ELECTRIC COMPANY v. F. P. C.

No. 14422.

267 F.2d 165 (1959)

PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Sierra Pacific Power Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 14, 1959.

Petition for Rehearing Denied June 2, 1959.


Attorney(s) appearing for the Case

Mr. Frederick W. Mielke, Jr., San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Messrs. F. T. Searls, San Francisco, Cal., and Robert E. May, Washington, D. C., were on the brief, for petitioner. Mr. Richard F. Generelly, Washington, D. C., also entered an appearance for petitioner.

Mr. Howard E. Wahrenbrock, Solicitor, Federal Power Commission, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, and William W. Ross, Atty., Federal Power Commission, were on the brief, for respondent.

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, New York City, was on the brief, for intervenor.

Before PRETTYMAN, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.


PER CURIAM.

In 1948 Pacific Gas & Electric Company entered into a rate contract, with Sierra Pacific Power Company, which was duly filed with the Commission. In 1953 Pacific sought unilaterally to abrogate this contract by filing a proposed schedule of increased rates, under § 205 of the Federal Power Act.1 That Section provides for Commission approval of newly proposed rates merely upon a finding that they are reasonable. Notwithstanding...

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