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SALT RIVER PROJECT AGR. IMPROVEMENT AND POWER DIST. v. FEDERAL POWER COMMISSION

No. 20960.

391 F.2d 470 (1968)

SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Minnkota Power Cooperative, Inc., Committee of Rural Electric Cooperatives, Dairyland Power Cooperative, Holy Cross Electric Association, Inc., and Empire Electric Association, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided February 15, 1968.

Petition for Rehearing Denied March 14, 1968.

Attorney(s) appearing for the Case

Mr. Wallace L. Duncan, Washington, D. C., with whom Mr. Stephen A. West, Washington, D. C., was on the brief, for petitioners; also entered an appearance for intervenors Holy Cross Electric Association and Empire Electric Association.

Mr. William H. Arkin, Attorney, Federal Power Commission, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Peter H. Schiff, Solicitor, Federal Power Commission, was on the brief, for respondent. Messrs. Richard A. Solomon, General Counsel, and Israel Convisser, Attorney, Federal Power Commission, also entered appearances for respondent.

Mr. Reuben Goldberg, Washington, D. C., for intervenor Minnkota Power Cooperative, Inc.

Mr. William C. Wise, Boulder, Colo., for intervenor Committee of Rural Electric Cooperatives.

Mr. Floyd E. Wheeler, Madison, Wis., for intervenor Dairyland Power Cooperative.

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

J. SKELLY WRIGHT, Circuit Judge:

The Colorado-Ute Electric Association, Inc., respondent before the Federal Power Commission, is a non-profit cooperative association financed in large part with loans from the Rural Electrification Administration and organized under Colorado law. It is engaged in the generation, transmission and interstate sale of electric energy at wholesale. Its only customers are its 13 members who wholly own and control the Association and its...

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