METRO. EDISON CO. v. FEDERAL ENERGY REG. COM'N

No. 76-1866.

595 F.2d 851 (1979)

METROPOLITAN EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Borough of Middletown, Pennsylvania, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1979.


Attorney(s) appearing for the Case

James B. Liberman, Washington, D. C., with whom Albert R. Simonds, Jr., Washington, D. C., was on the brief, for petitioner.

M. Frazier King, Jr., Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent. Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., also entered an appearance for respondent.

Philip P. Ardery, Louisville, Ky., was on the brief for intervenor.

Before ROBINSON, ROBB and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

Dissenting opinion filed by Circuit Judge WILKEY.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

We address on this review an electric utility's claim of discrimination assertedly requiring upward revision of a wholesale rate otherwise shielded against unilateral alteration by the well-known Mobile-Sierra doctrine.1 Metropolitan Edison Company...

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