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FLORIDA POWER & LIGHT CO. v. FEDERAL POWER COM'N

No. 24956.

430 F.2d 1377 (1970)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

July 13, 1970.

Attorney(s) appearing for the Case

Richard L. McGraw, Leon Jaworski, Houston, Tex., Harry A. Poth, Jr., New York City, Richard M. Merriman, Washington, D.C., for petitioner.

James L. Graham, Jr., Tallahassee, Fla. (now deceased), Prentice P. Pruitt, Tallahassee, Fla., for intervenor: (Florida Pub. Serv. Comm.)

Peter H. Schiff, Sol., F.P.C., Richard A. Solomon, Gen. Counsel, F.P.C., Israel Convisser, Atty., F.P.C., Washington, D.C., for respondent.

George Spiegel, Washington, D.C. (amicus curiae).

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

GODBOLD, Circuit Judge:

Florida Power & Light Company (FPL) petitions for review of a determination,1 reached by the Federal Power Commission on a 3-2 vote, that it is a public utility within the meaning of § 201 of the Federal Power Act, 16 U.S. C. § 824(e). We reverse the Commission and set aside its order.

The term "public utility" means "any person who owns or operates facilities subject to the jurisdiction of...

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