PAPAGO TRIBAL UTIL. AUTH. v. FED. ENERGY REG. COM'N

No. 76-1937.

610 F.2d 914 (1979)

PAPAGO TRIBAL UTILITY AUTHORITY and Arizona Electric Power Cooperative, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Electrical District No. One, Arizona Public Service Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1979.

As Amended January 11, 1980.


Attorney(s) appearing for the Case

Arnold D. Berkeley, Washington, D. C., with whom David R. Straus, Washington, D. C., was on the brief, for petitioners.

Joseph G. Stiles, Atty., Federal Power Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent. Philip R. Telleen, Atty., Federal Power Commission, Washington, D. C., also entered an appearance for respondent.

James K. Mitchell, Washington, D. C., with whom Richard M. Merriman, Washington, D. C., was on the brief, for intervenor Arizona Public Service Co.

William D. Baker and Robert S. Lynch, Phoenix, Ariz., were on the brief, for intervenor Electrical District No. One.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBINSON.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Petitioners, Papago Tribal Utility Authority (PTUA) and Arizona Electric Power Cooperative, Inc. (AEPCO), and the intervenor, Electrical District No. One (ED-1), challenge the Federal Power Commission's1 acceptance of a rate-increase filing by Arizona Public Service Company (APS) purportedly pursuant to Section 205(d) of the Federal...

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