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

Nos. 10829, 10833.

377 F.2d 912 (1967)

ST. MICHAELS UTILITIES COMMISSION and Commissioners of St. Michaels, Maryland, Petitioner, 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, and Accomac-Northampton Electric Cooperative, Choptank Electric Cooperative, Inc., and Delaware Electric Cooperative, Inc., Intervenors.

United States Court of Appeals Fourth Circuit.

Decided May 1, 1967.


Attorney(s) appearing for the Case

Spencer W. Reeder, St. Michaels, Md., for petitioner in No. 10,829.

George B. Mickum, III, Washington, D. C. (W. Edgar Porter, Salisbury, Md., Henry C. Ikenberry, and Richard E. Rubenstein, Washington, D. C., on brief), for petitioners in No. 10,833.

William H. Arkin, Atty., Federal Power Commission (Richard A. Solomon, Gen. Counsel, and Howard E. Wahrenbrock, Sol., Federal Power Commission, on brief), for respondent.

John W. T. Webb, Salisbury, Md. (Webb, Anderson & Burnett, Salisbury, Md., Robert E. May, Francis H. Caskin, and May, Shannon & Morley, Washington, D. C., on brief), for intervenors utility companies.

William C. Wise, Washington, D. C. (Arthur Dean Betts, Georgetown, Del., Wilbert Merriken, Denton, Md., and Baxley T. Tankard, Eastville, Va., on brief), for intervenors cooperatives.

Before BELL and WINTER, Circuit Judges, and HARVEY, District Judge.


HARRISON L. WINTER, Circuit Judge:

Delmarva Power & Light Company, and its subsidiaries,1 supply wholesale and retail electric service in Delaware, nine counties of the Eastern Shore of Maryland, and two counties of the Eastern Shore of Virginia. By the final order in the consolidated rate and complaint proceedings which we are asked to review,2 the Commission found generally that Delmarva's rates were...

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