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MANUFACTURERS LIGHT AND HEAT CO. v. FEDERAL POWER COM'N

No. 15898.

374 F.2d 88 (1967)

The MANUFACTURERS LIGHT AND HEAT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. United Gas Improvement Company, Intervenor, Bangor Gas Company, Clearfield Gas and Fuel Company, Counties Gas Company, Curwensville Gas Company, Emmitsburg Gas Company, Jersey Shore Gas Company, Lock Haven Gas Company, Oxford Gas Company, Renovo Gas Company, Stroudsburg Gas Company, and Waynesboro Gas Company, Referred to as the Penn Fuel Companies, Intervenors.

United States Court of Appeals Third Circuit.

Decided March 2, 1967.

Rehearing Denied March 29, 1967.

Attorney(s) appearing for the Case

Tilford A. Jones, Washington, D. C. (Jones & Bastian, Washington, D. C., Edward B. Calland, Pittsburgh, Pa., John F. Sisson, New York City, on the brief), for petitioner.

Joel Yohalem, Federal Power Commission, Washington, D. C. (Richard A. Solomon, General Counsel, Howard E. Wahrenbrock, Sol., Peter H. Schiff, Deputy Sol., Abraham R. Spalter, Asst. General Counsel, Cyril S. Wofsy, Attorney, Federal Power Commission, Washington, D. C., on the brief), for respondent.

J. David Mann, Jr., Washington, D. C., for intervenor United Gas Improvement Co.

Before HASTIE, FORMAN and SMITH, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal has been taken from a letter order of the Federal Power Commission rejecting a report by Manufacturers Light and Heat Co. of its allocation and proposed distribution of refunds received from its suppliers of gas. The Commission concluded that the report disclosed a failure fully to comply with a controlling agreement that had been signed by Manufacturers and confirmed by the Commission in settlement of a rate...

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