SUN OIL COMPANY v. FEDERAL POWER COMMISSION

No. 23629.

445 F.2d 764 (1971)

SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Florida Gas Transmission Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1971.

As Amended February 19 and February 25, 1971.


Attorney(s) appearing for the Case

Mr. Stanley M. Morley, Washington, D. C., with whom Messrs. Louis Flax and Francis H. Caskin, Washington, D. C., were on the brief, for petitioner. Mr. Kirk W. Weinert, Washington, D. C., also entered an appearance for petitioner.

Mr. James N. Horwood, Atty., Federal Power Commission, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, for respondent. Messrs. Gordon Gooch, General Counsel, Federal Power Commission, Peter H. Schiff, Solicitor, Abraham R. Spalter, Asst. General Counsel, and David F. Stover, Atty., Federal Power Commission, were on the brief, for respondent.

Mr. Leon M. Payne, Houston, Tex., with whom Messrs. R. Y. Patterson, Jr., and Norman E. Duke, Winter Park, Fla., Thomas F. Brosnan and George J. Meiburger, Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and TAMM, Circuit Judges.


TAMM, Circuit Judge:

The primary issue involved in this case is whether a rate of return allowed Florida Gas Transmission Company (hereinafter "Florida Gas") by the Federal Power Commission (hereinafter "the Commission") is invalid because the Commission did not make adequate findings to support its decision. After consideration of this issue and all others presented, we hold that the findings given in support of the rate determination are inadequate and remand the...

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