BOSTON EDISON CO. v. F. P. C.

No. 75-2123, 76-1392.

557 F.2d 845 (1977)

BOSTON EDISON COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Towns of Norwood, Concord and Wellesley, Massachusetts, Municipal Light Board of Reading, Massachusetts, Intervenors. BOSTON EDISON COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The Towns of Norwood, Concord et al., Municipal Light Board of Reading, Massachusetts, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1977.

Rehearing and Rehearing Denied June 27, 1977.


Attorney(s) appearing for the Case

George F. Bruder, Washington, D.C., for petitioner.

Joseph G. Stiles, 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., and Allan M. Garten, Atty., F. P. C., Washington, D.C., were on the brief; Thomas M. Walsh, Atty., F. P. C., Washington, D.C., also entered an appearance.

Charles F. Wheatley, Washington, D.C., was on the brief for intervenors Towns of Concord, Norwood and Wellesley, Mass.; Grace Powers Monaco, Washington, D.C., also entered an appearance.

Robert C. McDiarmid, Washington, D.C., was on the brief for intervenor Municipal Light Board of Reading, Mass.

Before ROBB and WILKEY, Circuit Judges and GESELL, District Judge for the District of Columbia.


Rehearing and Rehearing En Banc Denied June 27, 1977.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This proceeding consolidates two petitions for review of respondent's orders1 emanating from petitioner's S-42 rate filing. The legal issue posed is whether after a wholesale electrical rate application has been filed, presenting cost data deemed current by then-existing...

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