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AMERICAN PUBLIC GAS ASS'N v. FEDERAL POWER COM'N

No. 75-1104.

546 F.2d 983 (1976)

AMERICAN PUBLIC GAS ASSOCIATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, American Public Power Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1976.

Attorney(s) appearing for the Case

Robert A. Jablon, Albany, N. Y., with whom Charles F. Wheatley, Washington, D. C., was on the brief, for petitioners; also entered an appearance for intervenor.

Thomas M. Walsh, Atty., F. P. C., Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., F. P. C., Washington, D. C., were on the brief, for respondent.

Before WRIGHT and ROBB, Circuit Judges, and BRODERICK, District Judge.

Opinion for the court filed by District Judge BRODERICK.

BRODERICK, District Judge:

On October 10, 1974, the Federal Power Commission (Commission) raised from 7% to 9% the rate of interest to be paid on refunds ordered by the Commission in connection with any rates and charges which it found not justified. The Commission's Order limits the 9% rate of interest to refunds ordered by the Commission in cases where the rate filings were made on or after October...

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