CITIES OF BATAVIA ET AL. v. FEDERAL POWER COM'N

No. 74-1411.

548 F.2d 1056 (1977)

The CITIES OF BATAVIA ET AL., ILLINOIS, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Commonwealth Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 1977.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., with whom Grace Powers Monaco, Washington, D. C., was on the brief for petitioners.

James T. McManus, Atty. F. P. C., of the bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of court for respondent. Drexel D. Journey, Gen. Counsel, F. P. C., George W. McHenry, Jr., Sol., at the time the brief was filed, John H. Burnes, Jr., and A. Lee Wallace, Attys., F. P. C., Washington, D. C., also entered appearances for respondent.

Richard G. Ferguson, Paul T. Ruxin and William S. McKay, Jr., Chicago, Ill., were on the brief for intervenor.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.


PER CURIAM:

This is a case where cities complained to the Federal Power Commission that the rate charged to them by Commonwealth Edison on interstate sales of electric power subject to the jurisdiction of the Commission were higher than the rates charged by the utility on direct sales to industry, and reflected an anticompetitive program by the utility, one that had the purpose and effect of ousting the cities from sales, on resale, to such industrial consumers. The...

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