MEMPHIS LIGHT, GAS & WATER DIV. v. FEDERAL POWER COM'N

Nos. 24517, 24518, 24602 and 24632.

462 F.2d 853 (1972)

MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, Tennessee Valley Municipal Gas Assoc., etc., Intervenors. MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, American Public Gas Association, Intervenors. TENNESSEE VALLEY MUNICIPAL GAS ASSOCIATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, Intervenor. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1972.

Rehearings Denied May 11, 1972.


Attorney(s) appearing for the Case

Mr. George E. Morrow, Memphis, Tenn., with whom Mr. Reuben Goldberg, Washington, D. C., was on the briefs, for petitioner in Nos. 24517 and 24518.

Mr. Morton L. Simons, Washington, D. C., for petitioner in No. 24632.

Mr. J. Richard Tiano, Asst. Sol. F. P. C., with whom Messrs. Gordon Gooch, Gen Counsel, and Abraham R. Spalter, Asst. Gen. Counsel, F. P. C., were on the brief, for respondent. Mr. Israel Convisser, Atty., F. P. C., also entered an appearance for respondent.

Mr. Christopher T. Boland, Washington, D. C., with whom Mr. Richard J. Connor, Washington, D. C., was on the brief, for intervenor Texas Gas Transmission Corp. Mr. George J. Meiburger, Washington, D. C., also entered an appearance for intervenor Texas Gas Transmission Corp. in Nos. 24517 and 24518.

Mr. Reuben Goldberg, Washington, D. C., entered an appearance for petitioner in No. 24602.

Mr. Charles F. Wheatley, Jr., Washington, D. C., was on the brief for intervenor American Public Gas Assn. in No. 24518.

Before FAHY, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.


Rehearings Denied in Nos. 24517 and 24632 May 11, 1972.

WILKEY, Circuit Judge:

These two sets of cases, consolidated for review, involve a determination as to the impact of Section 441(a) of the Tax Reform Act of 1969,1 relating to the methods of depreciation for regulated utilities, on two types of utility property: (1) post-1969 expansion property and (2) pre-1970 and post-1969 non-expansion property.2

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