BOROUGH OF LANSDALE, PA. v. FEDERAL POWER COM'N

Nos. 73-1031 and 73-1649.

494 F.2d 1104 (1974)

BOROUGH OF LANSDALE, PENNSYLVANIA, Petitioner v. FEDERAL POWER COMMISSION, Respondent Philadelphia Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1974.

Rehearing Denied April 15, 1974.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., with whom Jerome C. Muys, Washington, D. C., was on the brief, for petitioner.

William M. Sawyer, Atty., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Acting Sol., Federal Power Commission, were on the brief, for respondent.

Ernest R. von Starck, Philadelphia, Pa., of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Abraham R. Spalter, Washington, D. C., was on the brief, for intervenor.

Before WRIGHT and McGOWAN, Circuit Judges, and WYZANSKI, Senior District Judge.


J. SKELLY WRIGHT, Circuit Judge:

The Borough of Lansdale seeks review of several orders,1 issued without an evidentiary hearing, by which the Federal Power Commission authorized the Philadelphia Electric Company (intervenor here) to charge Lansdale higher rates for electric power than those set in an outstanding fixed-rate contract2 between the Borough and the company. Specifically, the orders summarily accepted...

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