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ST. MICHAELS UTILITIES COM'N & COM'RS v. FEDERAL POWER COM'N

Nos. 10829, 10833.

370 F.2d 403 (1966)

ST. MICHAELS UTILITIES COMMISSION AND COMMISSIONERS OF ST. MICHAELS, MARYLAND, Petitioners, v. FEDERAL POWER COMMISSION, Respondent. Delmarva Power & Light Company, Delmarva Power & Light Company of Maryland, and Delmarva Power & Light Company of Virginia, and Accomac-Northampton Electric Cooperative, Choptank Electric Cooperative, Inc., and Delaware Electric Cooperative, Inc., Intervenors. STOCKTON LIGHT & POWER COMPANY OF MARYLAND, and Stockton Light & Power Company of Virginia, Petitioners, v. FEDERAL POWER COMMISSION, Respondent. Delmarva Power & Light Company, Delmarva Power & Light Company of Maryland, and Delmarva Power & Light Company of Virginia, Accomac-Northampton Electric Cooperative, and Choptank Electric Cooperative, Inc., and Delaware Electric Cooperative, Inc., Intervenors.

United States Court of Appeals Fourth Circuit.

Decided December 5, 1966.

Attorney(s) appearing for the Case

Spencer W. Reeder, St. Michaels, Md. (W. Edgar Porter, Salisbury, Md., Henry C. Ikenberry, George B. Mickum, III, and Richard E. Rubenstein, Washington, D. C., on the motion), for petitioners.

William H. Arkin, Atty., Federal Power Commission (Richard A. Solomon, Gen. Counsel, and Peter H. Schiff, Deputy Sol., Federal Power Commission, on reponse to motion), for respondents.

John W. T. Webb, Salisbury, Md., for Intervenors Delaware Power & Light Co., Delmarva Power & Light Co. of Maryland, and Delmarva Power & Light Co. of Virginia.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.

PER CURIAM.

Pursuant to § 313(b) of the Federal Power Act, 16 U.S.C.A. § 825l(b), petitioners, St. Michaels Utilities Commission and Commissioners of St. Michaels, Maryland, seek leave to adduce as additional evidence the annual reports of the intervenors for the year ended December 31, 1965. Petitioners request that any order granting such leave be conditioned upon (a) respondent's adducing such evidence through its staff and (b) protection to petitioners...

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