CITY OF HUNTINGBURG, INDIANA v. FEDERAL POWER COM'N

Nos. 72-1890, 72-1893.

498 F.2d 778 (1974)

CITY OF HUNTINGBURG, INDIANA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Public Service Company of Indiana et al., Intervenors. The PUBLIC SERVICE OF INDIANA NEGOTIATING COMMITTEE OF the INDIANA MUNICIPAL ELECTRIC ASSOCIATION CORPORATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Public Service Company of Indiana et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1974.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., with whom Jerome C. Muys and Grace Powers Monaco, Washington, D. C., were on the brief, for petitioner in No. 72-1890.

George Spiegel, Washington, D. C., with whom Sandra J. Strebel and Robert C. McDiarmid, Washington, D. C., were on the brief, for petitioner in No. 72-1893.

Drexel D. Journey, Deputy Gen. Counsel, F. P. C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Acting Solicitor, F. P. C., at the time the brief was filed, were on the brief, for respondent.

Charles W. Campbell, Plainfield, Ind., of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of court with whom Howard E. Wahrenbrock and Christopher T. Boland, Washington, D. C., were on the brief for intervenors, Public Service Co. of Ind. and Southern Ind. Gas and Electric Co.

David S. Richey, Lebanon, Ind., and William C. Wise, Washington, D. C., were on the brief for intervenor, Indiana Statewide Rural Electric Cooperative, Inc.

Before LEVENTHAL, MacKINNON and WILKEY, Circuit Judges.


WILKEY, Circuit Judge.

Petitioners, the City of Huntingburg, Indiana, and the cities affiliated with the Public Service of Indiana Negotiating Committee (hereinafter collectively referred to as Cities), seek review of a Federal Power Commission order of 26 May 19721 accepting the rate schedule filings of Public Service Company of Indiana (PSCI) and Southern Indiana Gas and Electric Co. (SIGECO). PSCI and SIGECO are public utilities

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