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CONWAY CORPORATION v. FEDERAL POWER COMMISSION

No. 73-2207.

510 F.2d 1264 (1975)

CONWAY CORPORATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Arkansas Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 1975.

Attorney(s) appearing for the Case

Robert C. McDiarmid, Washington, D. C., with whom Sandra J. Strebel, Washington, D. C., was on the brief for petitioners.

John H. Burnes, Jr., 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.

Harry A. Poth, Jr., Washington, D. C., with whom Robert T. Hall, III, Washington, D. C., was on the brief for intervenor.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

In this case, we hold that the Federal Power Commission's jurisdiction to review a petition to set aside or reduce a utility's wholesale electric rate increase permits consideration of the utility's alleged purpose, and effect, to forestall its customers from competing with it at retail.

On May 31, 1973, Arkansas Power & Light (AP&L) filed with the FPC a wholesale...

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