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KANSAS-NEBRASKA NATURAL GAS CO., INC. v. F. P. C.

Nos. 75-1669, 75-1752.

534 F.2d 227 (1976)

KANSAS-NEBRASKA NATURAL GAS COMPANY, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent. CENTRAL KANSAS POWER COMPANY, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided April 19, 1976.

Attorney(s) appearing for the Case

John P. Furman, Washington, D. C. (J. Robert Wilson, Larry D. Hall, Hastings, Neb., Alvin J. Meiklejohn, Jr., Denver, Colo., Richard Jones, Wichita, Kan., with him on the brief), for petitioner, Kansas-Nebraska Natural Gas Co., Inc.

James C. Mordy, of Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo. (Richard A. Solomon and Wilner & Scheiner, Washington, D. C., with him on the brief), for petitioner, Central Kansas Power Co., Inc.

J. Paul Douglas, Atty., F. P. C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., with him on the brief), for respondent, Federal Power Commission.

James M. Van Vliet, Jr., Chicago, Ill. (David C. Wheeler, and Schiff, Hardin & Waite, Chicago, Ill., with him on the brief), for Nebraska Distributor Group of Intervenors.

Joe A. Greenlief, Cedar Rapids, Iowa, for intervenor, Iowa Electric Light & Power Co.

Before SETH, BARRETT and DOYLE, Circuit Judges.

SETH, Circuit Judge.

The petitioner, Kansas-Nebraska Natural Gas Company, Inc., filed for a rate increase under 15 U.S.C. § 717c, with the Federal Power Commission for its jurisdictional sales. These sales represented a relatively small portion of its overall business. The rates had previously been determined in a proceeding in 1961. The FPC issued an Opinion 731 and, on rehearing, Opinion 731-A, which changed cost allocations in the two zones; used a different...

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