TENNESSEE VALLEY MUN. GAS ASS'N v. FEDERAL POWER COM'N

Nos. 71-1698, 71-1728.

470 F.2d 446 (1972)

TENNESSEE VALLEY MUNICIPAL GAS ASSOCIATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Alabama-Tennessee Natural Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 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 petitioners.

Mr. Platt W. Davis, III, Atty., F. P. C., of the bar of the Supreme Court of Texas, pro hac vice by special leave of Court, with whom Messrs. Gordon Gooch, Gen. Counsel, Leo E. Forquer, Sol., and J. Richard Tiano, First Asst. Sol., F. P. C., were on the brief, for respondent. Mr. George W. McHenry, Jr., Atty., F. P. C., also entered an appearance for respondent.

Mr. Stanley M. Morley, Washington, D. C., with whom Mr. Louis Flax, Washington, D. C., was on the brief, for intervenor. Mr. Edward A. Caine, Washington, D. C., also entered an appearance for intervenor.

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


WILKEY, Circuit Judge:

This is a proceeding to review orders of the Federal Power Commission in two related rate cases.1 Since the rates involved have been under continuous challenge since 7 June 1966, there has been ample opportunity to develop procedural complexity defying easy summary. However, a limited number of FPC orders constitute the focus of the substantial disputes in this case.

On 17 October 1969 the FPC dismissed a...

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