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MICHIGAN WISCONSIN PIPE LINE COMPANY v. F. P. C.

No. 74-1450.

520 F.2d 84 (1975)

MICHIGAN WISCONSIN PIPE LINE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Natural Gas Pipeline Company of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 29, 1975.

Attorney(s) appearing for the Case

Richard J. Flynn, Chicago, Ill., with whom Frederic G. Berner, Jr., and Charles V. Shannon, Washington, D. C., were on the brief for petitioner.

A. Lee Wallace, Atty., F.P.C., for respondent. Drexel D. Journey, Acting Gen. Counsel, George W. McHenry, Jr., Sol., and Arthur E. Gowran, Atty., F.P.C., were on the brief for respondent. John R. Staffier, Atty., F.P.C., also entered an appearance for respondent.

Paul E. Goldstein and Paul W. Mallory, Chicago, Ill., were on the brief for intervenor.

Before TAMM and MacKINNON, Circuit Judges, and JAMESON, Senior United States District Judge for the District of Montana.

Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case presents yet another chapter in the Federal Power Commission's ongoing effort to implement its advance payments program. The specific controversy here concerns the rejection by the Commission of rate base treatment for a particular advance payment made outside of the "lower 48 states." Because we find the Commission's approach in taking this action deficient in several respects...

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