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S. D. PUBLIC UTILITIES COM'N v. FED. ENERGY REG.

No. 79-2020.

668 F.2d 333 (1981)

SOUTH DAKOTA PUBLIC UTILITIES COMMISSION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Interstate Power Company, Iowa Electric Light and Power Company, Iowa-Illinois Gas and Electric Company, Iowa Power and Light Company, Iowa Public Service Company, Iowa Southern Utilities Company, Metropolitan Utilities District of Omaha, Minnesota Gas Company, North Central Public Service Company, Northern States Power Company (Minnesota), Northern States Power Company (Wisconsin), Northwestern Public Service Company, and Northern Natural Gas Company, Intervenor-Respondents.

United States Court of Appeals, Eighth Circuit.

Decided November 25, 1981.

As Amended February 9, 1982.

Attorney(s) appearing for the Case

Frances E. Francis, South Dakota Public Utilities Commission, Spiegel & McDiarmid, Washington, D. C., for petitioner.

Joshua Z. Rokach, Federal Energy Regulatory Commission, Washington, D. C., for F. E. R. C.

George Meiburger, Gallagher, Boland, Meiburger & Brosnan, Washington, D. C., for intervenor, Northern.

Before LAY, Chief Judge, and HEANEY, BRIGHT, STEPHENSON, HENLEY, McMILLIAN and ARNOLD, Circuit Judges, En banc.

HEANEY, Circuit Judge, with whom LAY, Chief Judge, and BRIGHT and McMILLIAN, Circuit Judges, join.

This matter is before the Court en banc on the petition of the South Dakota Public Utilities Commission to review an order of the Federal Energy Regulatory Commission (FERC). The order permitted the Northern Natural Gas Company (Northern) to depreciate certain equipment over a period of time shorter than its physical life on the theory that Northern's supplies of natural...

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