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INDIANA & MICHIGAN ELEC. CO. v. F. P. C.

No. 74-1844.

530 F.2d 1060 (1976)

INDIANA & MICHIGAN ELECTRIC COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Indiana Statewide Rural Electric Coop, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 12, 1976.

Attorney(s) appearing for the Case

Peter J. Schlesinger, New York City, for petitioner.

Richard Oliver, Atty., F. P. C., Washington, D.C., for respondent. Drexel D. Journey, Gen. Counsel, F. P. C., Robert W. Perdue, Deputy Gen. Counsel; Allan Abbot Tuttle, Sol. F. P. C. and John R. Staffier, Atty., F. P. C., at the time the brief was filed, were on the brief for respondent.

William C. Wise, Washington, D.C., with whom David S. Richey, Lebanon, Ind., was on the brief for intervenors.

Before DANAHER, Senior Circuit Judge, LEVENTHAL, Circuit Judge and VAN PELT, United States Senior District Judge for the District of Nebraska.

PER CURIAM:

This case concerns the question whether the Federal Power Commission's orders are a mis-application of the Sierra Pacific-Mobile doctrine.1

Acting under § 205 of the Act [16 U.S.C. § 824d], the Commission originally permitted Indiana & Michigan Electric Co. to file increased wholesale rates for electric energy for both city and rural cooperative purchasers. Petitions to review were filed in 1972...

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