MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Texas Gas Transmission Corporation and Tennessee Valley Municipal Gas Association, etc., Intervenors.
PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Texas Gas Transmission Corporation, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 25, 1974.
Decided June 26, 1974.
Attorney(s) appearing for the Case
Richard A. Solomon, Washington, D.C., for petitioner in No. 24632.
George E. Morrow, Memphis, Tenn., with whom Reuben Goldberg, Washington, D. C., was on the brief, for petitioner in No. 24517.
Charles E. Bullock, Atty., F. P. C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Sol., F. P. C., were on the brief, for respondent.
Christopher T. Boland, Washington, D. C., with whom Melvin Richter, Washington, D. C., was on the brief for intervenor, Texas Gas Transmission Corp. George J. Meiburger, Washington, D. C., also entered an appearance for intervenor, Texas Gas Transmission Corp.
Reuben Goldberg, Washington, D. C., entered an appearance for intervenors Tennessee Valley Municipal Gas Assn., et al.
Before FAHY, Senior Circuit Judge, ROBINSON and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
WILKEY, Circuit Judge:
This case reaches us on remand from the Supreme Court, which held that section 441 of the Tax Reform Act of 19691 does not limit the authority of the Federal Power Commission [FPC] under the Natural Gas Act2 to permit a regulated utility to change for ratemaking purposes its method of depreciation on pre-1970 and replacement property from flow-through to normalization.
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