DUKE POWER COMPANY v. FEDERAL POWER COMMISSION

No. 20578.

401 F.2d 930 (1968)

DUKE POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1968.


Attorney(s) appearing for the Case

Mr. Steve C. Griffith, Jr., Charlotte, N. C., with whom Mr. Charles W. Smith, Washington, D. C., was on the brief, for petitioner.

Mr. Howard E. Wahrenbrock, Sol., Federal Power Commission, at the time of argument, with whom Messrs. Richard A. Solomon, Gen. Counsel, Drexel D. Journey, Asst. Gen. Counsel, and Leonard D. Eesley, Sp. Asst. to Gen. Counsel, Federal Power Commission, were on the brief, for respondent.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBINSON, Circuit Judges.


ROBINSON, Circuit Judge:

This litigation presents the question whether the Federal Power Act1 requires an interstate electric utility to obtain approval by the Federal Power Commission of its acquisition of facilities utilized in the local distribution of electric energy. Section 203(a)2 of the Act bans, in the absence of the Commission's authorizing order, the disposition...

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