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PUBLIC SERV. COM'N, STATE OF N.Y. v. FEDERAL POWER CO.

Nos. 73-1338, 74-1301.

511 F.2d 338 (1975)

PUBLIC SERVICE COMMISSION FOR the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1975.

Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D.C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., was on the brief, for petitioner.

Charles E. Bullock, Atty., F.P.C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Sol., F.P.C., were on the brief for respondent. Platt W. Davis, III, Atty., F.P.C., also entered an appearance for respondent.

Before BAZELON, Chief Judge, and LEVENTHAL and ROBB, Circuit Judges.

LEVENTHAL, Circuit Judge:

In October 1970, the Federal Power Commission authorized natural gas pipelines to include in their rate bases certain advance payments made to natural gas producers for gas to be delivered at a future date.1 The FPC's action was one of a number of efforts to spur capital formation for gas development in order to alleviate the critical shortage of natural gas.2 The Public Service Commission...

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