MUNICIPAL ELEC. UTIL. ASS'N OF ALA. v. FEDERAL POWER COM'N

Nos. 72-1293, 72-1294.

485 F.2d 967 (1973)

MUNICIPAL ELECTRIC UTILITY ASSOCIATION OF ALABAMA et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Alabama Power Company, Intervenor. BALDWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Alabama Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1973.


Attorney(s) appearing for the Case

Arnold Fieldman, Washington, D. C., with whom Reuben Goldberg, Washington, D. C., was on the brief, for petitioners in No. 72-1293.

D. Biard MacGuineas, Washington, D. C., with whom Bennett Boskey, Washington, D. C., was on the brief, for petitioners in No. 72-1294.

Platt W. Davis, III, Atty., F. P. C., with whom Leo E. Forquer, Acting Gen. Counsel, and George W. McHenry, Jr., First Asst. Sol., F. P. C., were on the brief for respondent. Gordon Gooch, Gen. Counsel, F. P. C., also entered an appearance for respondent.

George F. Bruder, Washington, D. C., for intervenor. Thomas M. Debevoise, Washington, D. C., also entered an appearance for intervenor.

Before GEORGE C. EDWARDS, Jr., Circuit Judge for the Sixth Circuit, LEVENTHAL, Circuit Judge, and JOHN H. PRATT, United States District Judge of the United States District Court for the District of Columbia.


LEVENTHAL, Circuit Judge:

These petitions to review1 attack orders of the Federal Power Commission which denied motions to reject a rate filing of Alabama Power Company,2 presented by various of its customers, Alabama municipalities and rural electric cooperatives engaged in the retail distribution of electric power.

At the outset of this controversy, Alabama...

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