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JERSEY CENT. POWER v. FEDERAL ENERGY REGULATORY

No. 78-1185.

589 F.2d 142 (1978)

JERSEY CENTRAL POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Allegheny Electric Cooperative, Inc., Intervenor, Boroughs of Madison, Butler, Lavallette, and Seaside Heights, New Jersey, Intervenors.

United States Court of Appeals, Third Circuit.

Decided December 8, 1978.

As Amended February 8, 1979.

Attorney(s) appearing for the Case

James B. Liberman, Leonard W. Belter, Donald K. Dankner, Debevoise & Liberman, Washington, D. C., for petitioner.

Robert R. Nordhaus, Gen. Counsel, Howard E. Shapiro, Sol., Lynn N. Hargis, Atty., Washington, D. C., for respondent, Federal Energy Regulatory Commission.

William C. Wise, Robert Weinberg, Washington, D. C., for intervenor, Allegheny Electric Cooperative, Inc.

William I. Harkaway, Belnap, McCarthy, Spencer, Sweeney & Harkaway, Washington, D. C., for intervenors, Boroughs of Madison, Butler, Lavallette, and Seaside Heights, N. J.

Before ROSENN and WEIS, Circuit Judges and HANNUM, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

The fuel adjustment clause is a controversial reaction to some of the problems created by the energy crisis. The interpretation by the Federal Energy Regulatory Commission of an electrical utility's tariff containing such a provision is the subject of this petition for review. We conclude that the Commission committed no error in construing the clause as one calling for current charges rather than for past expenses...

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