BOROUGHS, ETC. v. FEDERAL ENERGY REG. COM'N

Nos. 76-1506, 76-1699, 77-1081 and 77-1481.

580 F.2d 573 (1978)

BOROUGHS OF CHAMBERSBURG AND MONT ALTO, PENNSYLVANIA and the Cities of Hagerstown and Thurmont, Maryland, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Potomac Edison Company, Intervenor. The POTOMAC EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boroughs of Chambersburg and Mont Alto, Pennsylvania, et al., Intervenors. BOROUGH OF CHAMBERSBURG, PENNSYLVANIA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Potomac Edison Company, Intervenor. BOROUGH OF CHAMBERSBURG AND MONT ALTO, PENNSYLVANIA, and Cities of Hagerstown, Thurmont, and Williamsport, Maryland, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Potomac Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 1978.

Rehearing Denied April 24, 1978.


Attorney(s) appearing for the Case

Robert A. O'Neil a member of the bar of the Supreme Court of Massachusetts, by special leave of Court, pro hac vice with whom Charles F. Wheatley, Jr., and Grace Powers Monaco, Washington, D. C., were on brief, for petitioners in Nos. 76-1506, 77-1081, and 77-1481.

Arnold H. Quint, Washington, D. C., for petitioner in No. 76-1699 also argued for intervenor Potomac Edison Co. in Nos. 76-1506, 77-1081 and 77-1481.

J. Paul Douglas, Atty., Drexel D. Journey, Gen. Counsel, Federal Energy Regulatory Commission, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., Thomas M. Walsh, Atty., on brief, and Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., for respondent.

Charles F. Wheatley, Jr., and Grace Powers Monaco, Washington, D. C., were on brief, for intervenor in No. 76-1699.

Before WRIGHT, Chief Judge, and BAZELON and WILKEY, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

On November 5, 1975, and on February 12, 1976, the Potomac Edison Co. filed proposed rate increases for the 1976 calendar year with the Federal Power Commission (the Commission).1 Joint Appendix (J.A.) at 81-93. On March 12, 1976, the Commission suspended these rates and set the matter for a hearing. Id. Potomac Edison, the Town of Front Royal, Virginia, and the Old Dominion Electric Cooperative...

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