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RICHMOND POW. & L., RICHMOND, IND. v. FEDERAL POW. COM'N

Nos. 72-1963, 72-2035.

481 F.2d 490 (1973)

RICHMOND POWER AND LIGHT OF the CITY OF RICHMOND, INDIANA, Petitioner. v. FEDERAL POWER COMMISSION, Respondent. Indiana & Michigan Electric Company, Intervenor. ANDERSON POWER AND LIGHT OF the CITY OF ANDERSON, INDIANA, Petitioner. v. FEDERAL POWER COMMISSION, Respondent. Indiana & Michigan Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 25, 1973.

Rehearing Denied June 21, 1973.

Attorney(s) appearing for the Case

Sandra J. Strebel, Washington, D. C., with whom George Spiegel, Washington, D. C., was on the brief, for petitioner in No. 72-1963.

Wallace L. Duncan, Washington, D. C., with whom Frederick D. Palmer, Washington, D. C., was on the brief, for petitioner in No. 72-2035.

Platt W. Davis, III, Atty. F.P.C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Acting Sol., F.P.C., were on the brief, for respondent.

Peter J. Schlesinger, New York City, for intervenor. Edwin L. Weisl, Jr., Washington, D. C., also entered an appearance for intervenor.

Before WRIGHT and ROBB, Circuit Judges, and DAVIES, Senior District Judge.

J. SKELLY WRIGHT, Circuit Judge:

Petitioners in these consolidated cases, two municipal power companies, seek review of an order of the Federal Power Commission accepting for filing tariffs tendered by intervenor, a public utility which sells petitioners electric power at wholesale. Petitioners contend that the tariffs, which implemented a rate increase and changed certain conditions of service, were inconsistent with existing contracts between petitioners and intervenor...

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