PANHANDLE EASTERN PIPE LINE CO., Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 17, 1962.
Decided March 15, 1963.
Attorney(s) appearing for the Case
Mr. Harry S. Littman, Washington, D. C., with whom Messrs. Dale A. Wright, and Richard Littell, Washington, D. C., were on the brief, for petitioner.
Miss Josephine H. Klein, Atty., F. P. C., with whom Messrs. Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Abraham R. Spalter, Asst. Gen. Counsel, F. P. C., and Ralph S. Spritzer, Gen. Counsel, F. P. C., at the time the brief was filed, were on the brief, for respondent. Mr. John C. Mason, Gen. Counsel, F. P. C., at the time the record was filed, also entered an appearance for respondent.
Mr. Jerome Maslowski, Lansing, Mich., filed a brief on behalf of Michigan Public Service Commission, as amicus curiae, urging reversal.
Mr. Lawrence H. Gall, Washington, D. C., filed a brief on behalf of Independent Natural Gas Association, as amicus curiae, urging reversal.
Mr. William E. Torkelson, Madison, Wis., filed a brief on behalf of Public Service Commission of Wisconsin, as amicus curiae.
Mr. William M. Bennett, San Francisco, Cal., filed a brief on behalf of Public Utilities Commission of the State of California, as amicus curiae.
Before BAZELON, Chief Judge, and EDGERTON, WILBUR K. MILLER, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER and J. SKELLY WRIGHT, Circuit Judges, sitting en banc.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Chief Judge.
In a rate proceeding under § 4(e) of the Natural Gas Act,1 the Federal Power Commission allowed Panhandle Eastern Pipe Line Company an over-all return of 6.25 per cent on its total rate base, reflecting a rate of return of 1.5 percent on $11,000,000 of investment from its reserves for deferred income taxes. In this petition for review, Panhandle's only complaint relates to the rate allowed on the reserves.
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