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GULF STATES UTILITIES CO. v. FPC

No. 71-1178.

411 U.S. 747 (1973)

GULF STATES UTILITIES CO. v. FEDERAL POWER COMMISSION ET AL.

Supreme Court of United States.

Decided May 14, 1973.

Attorney(s) appearing for the Case

Benny Harry Hughes argued the cause for petitioner. With him on the briefs was Benjamin D. Orgain.

Leo E. Forquer argued the cause for respondent Federal Power Commission in support of petitioner. With him on the brief was George W. McHenry, Jr.

Robert C. McDiarmid argued the cause for respondent cities of Lafayette and Plaquemine, Louisiana. With him on the brief was George Spiegel.

Howard E. Shapiro argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Griswold, Assistant Attorney General Kauper, Samuel Huntington, and Robert B. Nicholson.*

Briefs of amici curiae urging affirmance were filed by Northcutt Ely for the American Public Power Assn., and by Charles J. McCarthy for Dow Chemical Co.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the question whether, when a public utility applies to the Federal Power Commission for authority to issue a security, as the utility is required to do under § 204 of the Federal Power Act, 49 Stat. 850, 16 U. S. C. § 824c,1 the Commission, in passing upon the application, must consider the issue's anticompetitive...

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