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BOROUGH OF ELLWOOD CITY v. FED. ENERGY REG. COM'N

No. 77-1690.

583 F.2d 642 (1978)

BOROUGH OF ELLWOOD CITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pennsylvania Power Company, Intervenor.

United States Court of Appeals, Third Circuit.

Decided August 8, 1978.

Attorney(s) appearing for the Case

Patrick McEligot, Washington, D. C., Marvin A. Luxenberg, Charles W. Garbett, Ellwood City, Pa., for petitioner Borough of Ellwood City; Rea, Cross & Auchincloss, Washington, D. C., of counsel.

Robert R. Nordhaus, Gen. Counsel, Philip R. Telleen, Joseph G. Stiles, Attys., Washington, D. C., for respondent, Federal Energy Regulatory Commission.

Steven A. Berger, Steven B. Peri, Winthrop, Stimson, Putnam & Roberts, New York City, for intervenor Pa. Power Co.; James R. Edgerly, New Castle, Pa., of counsel.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The Borough of Ellwood City (Ellwood) has petitioned this court, pursuant to Section 313(b) of the Federal Power Act, 16 U.S.C. § 825l(b), to review an order of the Federal Power Commission1 denying Ellwood refunds from the Pennsylvania Power Company (Penn Power) for the period 1939 to 1964. Ellwood claims that...

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