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MONTANA POWER CO. v. FEDERAL ENERGY REG. COM'N

No. 76-2726.

599 F.2d 295 (1979)

MONTANA POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied August 24, 1979.

Attorney(s) appearing for the Case

William J. Madden, Jr., Debevoise & Liberman, Washington, D. C., for petitioner.

Drexel D. Journey, Gen. Counsel, FERC, Lynn N. Hargis, FERC, Washington, D. C., for respondent.

Before HUFSTEDLER, GOODWIN, and WALLACE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 24, 1979.

HUFSTEDLER, Circuit Judge:

This case presents the novel question whether the Federal Power Commission (now the Federal Energy Regulatory Commission) may prevent an electric utility from including in its rate base, for accounting purposes, the total cost of acquiring an electric transmission line from a railroad. The Montana Power Company petitions for review, pursuant to 16 U.S.C. § 825l(b...

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