PANHANDLE EASTERN PIPE LINE CO. v. FEDERAL POWER COM'N

Nos. 16583, 16584.

305 F.2d 763 (1962)

PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Michigan Consolidated Gas Company; County of Wayne, Michigan; Michigan Public Service Commission; Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1962.


Attorney(s) appearing for the Case

Mr. Robert L. Stern, Chicago, Ill., with whom Messrs. Harry S. Littman and Raymond N. Shibley, Washington, D. C., were on the brief, for petitioner. Mr. Dale A. Wright, Washington, D. C., also entered an appearance for petitioner.

Mr. Peter H. Schiff, Atty., Federal Power Commission, with whom Messrs. Ralph S. Spritzer, Gen. Counsel, Howard E. Wahrenbrock, Solicitor, and Abraham R. Spalter, Asst. Gen. Counsel, Federal Power Commission, were on the brief, for respondent. Mr. John C. Mason, Gen. Counsel, Federal Power Commission at the time the record was filed, also entered an appearance for respondent.

Mr. David R. Kaplan, Detroit, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of court, with whom Mr. J. Parker Connor, Washington, D. C., was on the brief, for intervenor County of Wayne, Michigan.

Mr. William R. Connole, Washington, D. C., of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, for intervenor Michigan Public Service Commission. Mr. Jerome Maslowski, Lansing, Mich., was on the brief for intervenor Michigan Public Service Commission.

Mr. Charles V. Shannon, Washington, D. C., entered an appearance for intervenor Michigan Consolidated Gas Co.

Before BAZELON, FAHY and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

Petitioner Panhandle Eastern Pipe Line Company seeks to review two orders of the Federal Power Commission disallowing rate increases filed by it, and requiring it, for the periods in question, to file newly computed lower rate schedules — on the basis of which refunds to customers are to be made. The total amount of the increases, collected subject to refund, is over $40,000,000.

The earlier of the two rate proceedings before...

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