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ANAHEIM, RIVERSIDE, ETC. v. FED. ENERGY REG. COM'N

Nos. 80-1334, 80-1527.

669 F.2d 799 (1981)

ANAHEIM, RIVERSIDE, BANNING, COLTON, AND AZUSA, CALIFORNIA, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Southern California Edison Company, Intervenor. SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Anza Electric Cooperative, Inc., the Cities of Anaheim, Riverside, Banning, Colton and Azusa, California, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Sandra J. Stiebel with whom Bonnie S. Blair, Stephen C. Nichols and Peter K. Matt, Washington, D. C., were on the brief for Cities of Anaheim, Riverside, Banning, Colton and Azusa, Cal., petitioners in No. 80-1334 and intervenors in No. 80-1527.

William E. Marx, Rosemead, Cal., with whom Richard M. Merriman, Brian J. McManus, Washington, D. C., and Irwin F. Woodland, Los Angeles, Cal., were on the brief for Southern California Edison Co., petitioner in No. 80-1527 and intervenor in No. 80-1334.

Jerome Nelson, Acting Gen. Counsel, and Barbara J. Weller, Asst. Sol., Federal Energy Regulatory Commission, Washington, D. C., were on the brief for respondent. Stephen R. Milton, Federal Energy Regulatory Commission, also entered an appearance for respondent.

Richard A. Solomon and Dennis Lane, Washington, D. C., entered appearances for Anza Elec. Co-op., Inc., intervenor in No. 80-1527.

Before MacKINNON, WALD and MIKVA, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The Federal Power Act regulates "the sale of electric energy at wholesale in interstate commerce," 16 U.S.C. § 824, and requires rates to be "just and reasonable," 16 U.S.C. § 824d, i.e., ample to allow recovery of a utility's operating costs and a fair rate of return on capital investment. See, e.g., Public Systems v. FERC, 606 F.2d 973

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