INDIANA AND MICHIGAN MUNICIPAL DISTRIBUTORS ASSOCIATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana & Michigan Electric Co., Intervenor.
CITY OF ANDERSON, INDIANA and City of Auburn, Indiana, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana & Michigan Electric Co., Indiana & Michigan Municipal Distributors Ass'n, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 18, 1981.
Decided July 14, 1981.
As Amended July 29, 1981.
Attorney(s) appearing for the Case
George E. Morrow, Memphis, Tenn., with whom Thomas R. Ewald, Washington, D. C., was on the brief, for Indiana & Michigan Municipal Distributors Ass'n, petitioner in No. 80-1749 and intervenor in No. 80-1763.
James D. Pembroke, Washington, D. C., with whom Wallace L. Duncan, Washington, D. C., was on the brief, for City of Anderson, Indiana, et al., petitioners in No. 80-1763.
Joshua Z. Rokach, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Jerome Nelson, Acting Gen. Counsel, Federal Energy Regulatory Commission, Washington, D. C., was on the brief, for respondent.
Peter J. Schlesinger, New York City, for intervenor Indiana & Michigan Elec. Co.
Before TAMM and WILKEY, Circuit Judges, and HOMER THORNBERRY, Senior Circuit Judge for the Fifth Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Senior Circuit Judge THORNBERRY.
THORNBERRY, Senior Circuit Judge:
On May 28, 1976, the Indiana and Michigan Electric Company (I&M) submitted increased rate schedules to the Commission1 pursuant to section 205(d) of the Federal Power Act, 16 U.S.C. § 824d(d). In particular, and of sole relevance to this appeal, I&M sought to increase its rate schedule governing sales to municipal wholesale...
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