RICHMOND POWER & LIGHT, ETC. v. FEDERAL ENERGY, ETC.

Nos. 75-2143 and 75-2144.

574 F.2d 610 (1978)

RICHMOND POWER & LIGHT OF the CITY OF RICHMOND, INDIANA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, General Motors Corporation, Potomac Electric Power Company and Appalachian Power Company, et al., Intervenors. Representative Michael J. HARRINGTON, of Massachusetts, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, General Motors Corporation, Potomac Electric Power Company and Appalachian Power Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1978.


Attorney(s) appearing for the Case

George Spiegel, Washington, D. C., with whom Frances E. Francis and Bonnie S. Blair, Washington, D. C., were on the brief, for petitioners.

Scott M. DuBoff, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent.

Louis Flax, Washington, D. C., with whom Frazier F. Hilder, Detroit, Mich., was on the brief, for intervenor General Motors Corp.

William J. Manning, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Peter J. Schlesinger, New York City, was on the brief, for intervenors Appalachian Power Co., et al.

Edward A. Caine, Washington, D. C., was on the brief for intervenor Potomac Elec. Power Co.

Before TAMM, ROBINSON and ROBB, Circuit Judges.


Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

We are presented here with disputes arising from attempts by the Federal Power Commission1 to encourage voluntary responses by electric utilities to problems created by the 1973 oil embargo. The issues are whether the Commission reasonably exercised its discretion in rejecting...

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