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PENNSYLVANIA GAS & WATER CO. v. FEDERAL POWER COM'N

No. 71-1126.

463 F.2d 1242 (1972)

PENNSYLVANIA GAS AND WATER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The Manufacturers Light and Heat Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 1972.

Rehearing Denied May 31, 1972.

Attorney(s) appearing for the Case

Mr. Reuben Goldberg, Washington, D.C., with whom Mr. Leo J. Steffen, Jr., Washington, D.C., was on the brief, for petitioner.

Mr. Thomas D. Clarke, Atty., F.P.C., of the bar of the Supreme Court of Cal., pro hac vice, by special leave of Court, with whom Messrs. Gordon Gooch, Gen. Counsel, Leo E. Forquer, Sol., and J. Richard Tiano, Asst. Sol., F.P.C., were on the brief, for respondent.

Mr. Tilford A. Jones, with whom Mr. William A. Mogel, Bethesda, Md., was on the brief, for intervenor.

Before WRIGHT, TAMM and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

This appeal seeks review of two orders of the Federal Power Commission. The first approved without hearing and over the objections of the petitioner, Pennsylvania Gas and Water Company, a settlement of rate proceedings; the second denied Penn Gas' application for rehearing. By order1 of 30 October 1970 the Federal Power Commission specifically set forth Penn Gas' objections to the "Stipulation and Agreement,"

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