ALABAMA POWER COMPANY v. FEDERAL POWER COMMISSION

No. 24067.

450 F.2d 716 (1971)

ALABAMA POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United States, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 24, 1971.


Attorney(s) appearing for the Case

Mr. Thomas M. Debevoise, Washington, D. C., with whom Messrs. William J. Madden, Jr., and William M. Cohen, Washington, D. C., were on the brief, for petitioner.

Mr. Peter H. Schiff, Solicitor, Federal Power Commission, at the time the brief was filed, with whom Messrs. Gordon Gooch, General Counsel, Leonard D. Eesley, Assistant General Counsel, and Joseph J. Klovekorn, Atty., Federal Power Commission, were on the brief, for respondent. Mr. Israel Convisser, Atty., Federal Power Commissioner, also entered an appearance for respondent.

Mr. Samuel Huntington, Asst. to the Solicitor General, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Robert V. Zener, Atty., Department of Justice, was on the brief, for intervenor.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.


LEVENTHAL, Circuit Judge:

This case is before us on a petition to review an order of the Federal Power Commission requiring petitioner to pay $287,867 as its share of the annual interest, depreciation, and maintenance costs, during the period 1961-63, for that portion of the federally owned Allatoona Dam which supplied headwater benefits to four downstream facilities licensed to petitioner. Petitioner does not dispute its obligations to pay some portion of the costs...

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