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MAINE PUBLIC SERV. CO. v. FEDERAL POWER COM'N

No. 77-1438.

579 F.2d 659 (1978)

MAINE PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Leon A. Allen, Jr., Washington, D.C., with whom Roger A. Putnam, Portland, Maine, David R. Poe, LeBoeuf, Lamb, Leiby & MacRae, New York City, and Verrill & Dana, Portland, Maine, were on brief, for petitioner.

John J. Lahey, Atty., Washington, D.C., with whom Robert R. Nordhaus, Gen. Counsel, and Howard E. Shapiro, Sol., Washington, D.C., were on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Maine Public Service Company (MPSC), an electric utility, petitions for review of Federal Power Commission1 orders denying it permission to retain a surcharge collected from its wholesale customers in 1975-76. The object of the surcharge was to recover fuel costs which were not collectable by operation of the fuel adjustment clause that forms part of MPSC's rate...

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