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VIRGINIA ELEC. & POWER CO. v. FEDERAL ENERGY

No. 77-2153.

580 F.2d 710 (1978)

VIRGINIA ELECTRIC AND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, ElectriCities of North Carolina, Old Dominion Electric Cooperative, North Carolina Electric Membership Corporation, Northern Neck Electric Cooperative, and Roanoke Electric Membership Corporation, Intervenors.

United States Court of Appeals, Fourth Circuit.

Decided August 3, 1978.

Attorney(s) appearing for the Case

Arnold H. Quint, Washington, D.C. (Richard D. Gary, Hunton & Williams, Richmond, Va., on brief), for petitioner.

Lynn N. Hargis, Atty., Federal Energy Regulatory Commission (Robert R. Nordhaus, Gen. Counsel, Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D.C., on brief), for respondent.

James N. Horwood, Washington, D.C. (Daniel Guttman, Spiegel & McDiarmid, Washington, D.C., on brief), for intervenors ElectriCities of North Carolina.

William T. Crisp, Raleigh, N.C. (Crisp, Bolch, Smith, Clifton & David, Raleigh, N.C., Nathan H. Miller, Harrisonburg, Va., Conrad, Litten, Sipe & Miller, Harrisonburg, Va., on brief), for intervenors Electric Cooperative.

Before WINTER, BUTZNER and HALL, Circuit Judges.

PER CURIAM:

Virginia Electric and Power Co. (VEPCO) petitions for review of orders of the Federal Energy Regulatory Commission denying a surcharge proposed by the utility to collect additional fuel expenses from wholesale customers under a superseded fuel adjustment clause.1 The principal issue is whether the superseded fuel adjustment clause was designed to collect the actual expenses for fuel...

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