MAINE PUB. SERV. CO. v. FEDERAL ENERGY REG. COM'N

No. 79-1630.

622 F.2d 23 (1980)

MAINE PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided June 6, 1980.


Attorney(s) appearing for the Case

David R. Poe, with whom Roger A. Putnam, Portland, Maine, Leon A. Allen, Jr., Washington, D. C., Steven H. Davis, Verrill & Dana, Portland, Maine and LeBoeuf, Lamb, Leiby & MacRae, Washington, D. C., were on brief, for petitioner.

Lynn N. Hargis, Asst. Gen. Counsel, with whom Robert R. Nordhaus, Gen. Counsel and Jerome M. Feit, Acting Deputy Sol., Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


PER CURIAM.

Once again this court is faced with a question concerning the legality of the fuel adjustment surcharge collected by Maine Public Service Company (MPSC) from its wholesale customers in 1975-76. The object of the surcharge was to recover fuel costs which had been incurred by MPSC but not collected from its customers when MPSC in 1975 switched from one fuel adjustment clause to another. Under the earlier clause, a customer's monthly bill had been calculated...

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