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ALABAMA POWER COMPANY v. FEDERAL POWER COMMISSION

Nos. 73-1436, 73-2016.

511 F.2d 383 (1974)

ALABAMA POWER COMPANY et al., Petitioner, v. FEDERAL POWER COMMISSION, Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 11, 1974.

Attorney(s) appearing for the Case

Jerome C. Muys, Washington, D.C., with whom Thomas M. Debevoise and Paul T. Nowak, Jr., Washington, D.C., were on the brief, for petitioner in No. 73-1436. William J. Madden, Jr., Harrisburg, Pa., also entered an appearance for petitioner in No. 73-1436.

By direction of the Court, the amicus curiae brief filed in No. 73-1436 by Consolidated Edison Co. of New York was treated as petitioners brief in No. 73-2016. Donal F. McCarthy, New York City, for petitioner in No. 73-2016 and for amicus curiae in No. 73-1436.

William M. Sawyer, 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.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges

LEVENTHAL, Circuit Judge:

The petitioners are electric utilities regulated by the Federal Power Commission. They challenge the Commission's refusal to reconsider its practice of collecting and disseminating certain information about their fuel purchase transactions, asserting that the disclosure of information facilitates anticompetitive behavior by fuel suppliers. We affirm the Commission's dismissal of their petition.

I. STATEMENT OF FACTS

A....

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