CITY OF CLEVELAND, OHIO v. F. P. C.

No. 73-1282.

525 F.2d 845 (1976)

CITY OF CLEVELAND, OHIO, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Cleveland Electric Illuminating Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 9, 1976.


Attorney(s) appearing for the Case

Reuben Goldberg, Washington, D. C., with whom David Hjelmfelt, Washington, D. C., was on the brief, for petitioner.

Scott M. DuBoff, Atty., F. P. C., of the pro hac vice, Washington, D. C., for respondent. Leo E. Forquer, Gen. Counsel, F. P. C., and George W. McHenry, Sol., F. P. C., Washington, D. C., were on the brief, for respondent. John H. Burnes, Jr., Atty., F. P. C., Washington, D. C., also entered an appearance 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 FAHY, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This petition for review poses centrally the question whether the Federal Power Commission erred in adopting a rate structure specified in a schedule filed by a public electric utility without resolving its municipal customer's contention that the schedule contravenes a preexisting agreement between the parties. We answer that question in the affirmative. Accordingly, while we affirm the Commission on all other issues presented...

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