ALABAMA POWER CO. v. ALABAMA PUBLIC SERV. COM'N

SC 2052, 2098.

359 So.2d 776 (1978)

ALABAMA POWER COMPANY, a corporation v. ALABAMA PUBLIC SERVICE COMMISSION et al.

Supreme Court of Alabama.

Rehearing Denied June 9, 1978.


Attorney(s) appearing for the Case

John Bingham, Birmingham, for Steiner, Crum & Baker, and Lange, Simpson, Robinson & Somerville, and Balch, Bingham, Baker, Hawthorne, Williams and Ward.

Maurice F. Bishop, Birmingham, for Honorable George C. Wallace, as Governor of the State of Alabama.

William J. Baxley, Atty. Gen., and Jerry Weidler, Asst. Atty. Gen., Carl L. Evans, Montgomery, for appellee, Alabama Public Service Commission.

Donald W. Stewart, Anniston, for individual interveners.

On rehearing James D. Brooks, Mobile, for appellees-intervenors.

Richard S. Riley and Alton B. Parker, Jr., amicus curiae, Birmingham, for Community Chest, United Way of Jefferson, Shelby and Walker Counties, et al., in opposition to disallowance of charitable contributions for rate making purposes as contained in Commission's order which was affirmed by trial court.

James C. Barton and Gilbert E. Johnston, Jr., amicus curiae, Birmingham, for Alabama Press Association, et al., in support of right of Power Company to charge its advertising as an operating expense.


ON REHEARING

PER CURIAM.

The original opinion and each special concurring and dissenting opinion are hereby withdrawn, and the following opinions are substituted therefor.

On November 26, 1975, Alabama Power Company filed with the Public Service Commission a revised schedule of increased rates and charges for a $106.9 million annual increase based on its test year, beginning July 1,1974, and ending June 30...

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