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CONSOLIDATED GAS SUPPLY v. FEDERAL ENERGY REGULATORY

No. 77-1893.

606 F.2d 323 (1979)

CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of the State of New York, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1979.

Rehearing Denied August 22, 1979.

Attorney(s) appearing for the Case

John E. Holtzinger, Jr., Washington, D. C., with whom Karol Lyn Newman, Washington, D. C., was on the brief, for petitioner.

J. Paul Douglas, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, was on the brief, for respondent.

Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., was on the brief, for intervenor.

Also Philip R. Telleen and McNeill Watkins, II, Washington, D. C., Attys., Federal Energy Regulatory Commission, entered appearances, for respondent.

Also Sheila S. Hollis, Washington, D. C., entered an appearance for intervenor.

Before MacKINNON, SWYGERT, and ROBB, Circuit Judges.

Opinion for the Court filed by SWYGERT, Circuit Judge.

SWYGERT, Circuit Judge.

This petition for review raises not only a substantial evidence question concerning a public utility's rates of return on common equity, but also a number of administrative procedural problems.

Petitioner Consolidated Gas Supply Corporation (Consolidated) seeks review of a July 5, 1977 order of the Federal Energy Regulatory Commission (the Commission) prescribing rates of...

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