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PUBLIC SERV. CO. OF IND. v. FEDERAL ENERGY REG. COM'N

Nos. 75-2136, 76-1082.

584 F.2d 1084 (1978)

PUBLIC SERVICE COMPANY OF INDIANA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Municipal Electric Association et al., Cities of Crawfordsville et al., and Hoosier Cooperative Energy Division et al., Intervenors. PUBLIC SERVICE COMPANY OF INDIANA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Hoosier Cooperative Energy Division et al., City of Frankfort, Indiana and Indiana Municipal Electric Association et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1978.

Attorney(s) appearing for the Case

George F. Bruder, Washington, D. C., with whom Howard E. Wahrenbrock, Washington, D. C., was on the brief for petitioner.

McNeill Watkins, II, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., was on the brief for respondent.

Sandra J. Strebel and Peter K. Matt, Washington, D. C., were on the brief for intervenor, Indiana Municipal Electric Ass'n et al.

David S. Richey, Lebanon, Ind., William C. Wise and Robert Weinberg, Washington, D. C., were on the brief for intervenor, Hoosier Cooperative Energy Division et al.

Wallace L. Duncan and Fredrick D. Palmer, Washington, D. C., were on the brief for intervenors, Cities of Crawfordsville et al.

Also Drexel D. Journey, Allan Abbot Tuttle and Thomas M. Walsh, Washington, D. C., entered appearances for respondent.

Before BAZELON, Circuit Judge, and TUTTLE, United States Senior Circuit Judge for the Fifth Circuit, and ROBB, Circuit Judge.

Opinion for the Court filed by ROBB, Circuit Judge.

ROBB, Circuit Judge:

Public Service Company of Indiana is a wholesaler of electric power subject to the jurisdiction of the Federal Energy Regulatory Commission. On September 23, 1975 Public Service filed with the Commission a rate increase application together with supporting data. Two weeks later, on October 7, 1975, the Commission rejected Public Service's filing on the ground that certain supporting data...

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