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PUB. SERVICE CO. OF N. M. v. FEDERAL POWER COM'N

Nos. 75-1692, 76-1013.

557 F.2d 227 (1977)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, City of Gallup, New Mexico, Intervenor. CITY OF GALLUP, NEW MEXICO, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Public Service Company of New Mexico, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Paul H. Keck, Washington, D. C. (John E. Holtzinger, Jr., C. Stephen Angle of Morgan, Lewis & Bockius, Washington, D. C., and William B. Keleher, Richard B. Cole of Keleher & McLeod, Albuquerque, N. M., on the brief), for petitioner and intervenor, Public Service Co. of N. M.

Charles F. Wheatley, Jr., Washington, D. C. (Grace Powers Monaco, Woodrow D. Wollesen of Wheatley & Miller, Washington, D. C., on the brief), for petitioner and intervenor, City of Gallup, N. M.

Philip R. Telleen, Atty., Washington, D. C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Sol., Washington, D. C., on the brief), for respondent, Federal Power Commission.

Before SETH and HOLLOWAY, Circuit Judges, and STANLEY, Senior District Judge.

HOLLOWAY, Circuit Judge.

In these consolidated cases petitioners Public Service Company of New Mexico (PNM), an electric utility regulated under the Federal Power Act, 16 U.S.C. § 791a et seq. (1970), and the City of Gallup, New Mexico (Gallup), seek review of two Federal Power Commission orders with respect to a change in rate sought by PNM for electricity sold to Gallup.

Gallup is a wholesale purchaser of electricity which it uses and also distributes...

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