CENTRAL POWER & LIGHT v. FEDERAL ENERGY REG. COM'N

Nos. 76-1995, 76-2012.

575 F.2d 937 (1978)

CENTRAL POWER & LIGHT COMPANY, Public Service Company of Oklahoma, Southwestern Electric Power Company, and West Texas Utilities Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arkansas Electric Cooperative Corp., Houston Lighting & Power Company, City of San Antonio, Lower Colorado River Authority and Dallas Power & Light Company et al., Intervenors. CITY OF ALTUS, Frederick, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Dallas Power & Light Company, Houston Lighting & Power Company and Lower Colorado River Authority, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 10, 1978.

Rehearing Denied May 26, 1978.


Attorney(s) appearing for the Case

Richard D. Cudahy, Washington, D. C., with whom Robert H. Loeffler, Washington, D. C., was on the brief, for petitioners in No. 76-1995. Richard G. Ferguson and Paul T. Ruxin, Chicago, Ill., entered appearances for petitioners in No. 76-1995.

Charles F. Wheatley, Jr., and Robert A. O'Neil, Washington, D. C., were on the brief, for petitioners in No. 76-2012.

McNeill Watkins, II, Washington, D. C., for respondent. Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., and Allan M. Garten, Atty., Federal Energy Regulatory Com'n, Washington, D. C., were on the brief, for respondent.

Gordon Gooch, Washington, D. C., with whom Bruce Kiely and Steven Hunsicker, Washington, D. C., were on the brief, for intervenor, Houston Lighting & Power Co. in Nos. 76-1995 and 76-2012. Argued on behalf of all intervenors.

Lawrence S. Smith, Washington, D. C., was on the brief for intervenor, Lower Colorado River Authority in Nos. 76-1995 and 76-2012.

Jon C. Wood, San Antonio, Tex., was on the brief, for intervenor, The City of San Antonio, Tex., in No. 76-1995.

Harry A. Poth, Jr., Richard M. Merriman and Peyton G. Bowman, III, Washington, D. C., entered appearances for intervenor, Dallas Power & Light Co., in Nos. 76-1995 and 76-2012.

Robert Weinberg entered an appearance for intervenor, Ark. Elec. Cooperative Corp. in No. 76-1995.

Before McGOWAN, LEVENTHAL and ROBB, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

This case involves a challenge to a ruling by the Federal Power Commission (now the Federal Energy Regulatory Commission (FERC)) that it would not compel interconnection among the West Texas Utilities Company (WTU), the Houston Lighting & Power Company (HL&P), and the Texas Utilities Company (TU) under § 202(b), (c) of the Federal Power Act, 16 U.S.C. § 824a(b), (c) (1976), because it did not have jurisdiction...

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