SOUTH CAROLINA ELECTRIC & GAS CO. v. FEDERAL POWER COM'N

No. 9091.

338 F.2d 898 (1964)

SOUTH CAROLINA ELECTRIC & GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. United States, on behalf of the Secretary of the Interior, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided November 9, 1964.


Attorney(s) appearing for the Case

Harry A. Poth, Jr., Washington, D. C. (Robert C. Woodbury, New York City, Peyton G. Bowman, III, and Reid & Priest, Washington, D. C., and Arthur M. Williams, Jr., Columbia, S. C., on brief), for petitioner.

Paul A. Sweeney, Atty., F.P.C. (Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Thomas M. Debevoise, Asst. Gen. Counsel, and Joseph B. Hobbs, Atty., F.P.C., on brief), for respondent.

Edward Berlin, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., and Sherman L. Cohn, Atty., Dept. of Justice, on brief), for intervenor.

Before BRYAN and BELL, Circuit Judges, and HEMPHILL, District Judge.


ALBERT V. BRYAN, Circuit Judge:

The Federal Power Commission has assessed the South Carolina Electric & Gas Company, under § 10(f) of the Federal Power Act,1 for benefits to its hydroelectric plant on the Savannah River in Georgia and South Carolina accruing from the erection by the Government of an upstream dam and reservoir. Petitioning2 us to review and set aside the order, the Company asserts that...

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