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PUBLIC SERVICE CO. v. FED. ENERGY REGULATORY COM'N

Nos. 80-1200, 80-1424.

653 F.2d 681 (1981)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Gallup and Farmington, New Mexico Plains Electric Generation and Transmission Cooperative, Inc., Intervenors. PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Gallup and Farmington, New Mexico Plains Electric Generation and Transmission Cooperative, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1981.

Attorney(s) appearing for the Case

John T. Stough, Jr., Washington, D.C., with whom Paul H. Keck, Washington, D.C., was on the brief for petitioner.

Joshua Rokach, Atty., Federal Energy Regulatory Commission, with whom Robert R. Nordhaus, General Counsel, and Joshua L. Menter, Atty., Federal Energy Regulatory Commission, Washington, D.C., were on the brief for respondent. George H. Williams, Atty., Federal Energy Regulatory Commission, Washington, D.C., also entered an appearance for respondent.

David P. Yaffe, Washington, D.C., with whom Donald R. Allen and Richard N. Carpenter, Washington, D.C., were on the brief for intervenor, Plains Electric Generation, et al.

Charles F. Wheatley, Jr. and Don C. Uthus, Washington, D.C., were on the brief for intervenor, Cities of Gallup and Farmington, New Mexico.

Before ROBINSON, Chief Judge, and MacKINNON and EDWARDS, Circuit Judges.

HARRY T. EDWARDS, Circuit Judge:

This appeal is brought by the Public Service Company of New Mexico (PNM) from orders issued by the Federal Energy Regulatory Commission (FERC). PNM challenges the manner in which FERC treated, for ratemaking purposes, Accumulated Deferred Investment Tax Credits (ADITC).

As a result of the investment tax credit of the Internal Revenue Code (I.R.C. or Code), a utility is permitted to retain funds collected from the utility's...

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