CONSOL. GAS SUPPLY CORP. v. FED. ENERGY REG. COM'N

No. 80-1219.

653 F.2d 129 (1981)

CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Service Commission of the State of New York,/R Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided July 10, 1981.


Attorney(s) appearing for the Case

John E. Holtzinger, Jr., Washington, D. C. (John T. Stough, Jr., Karen B. Pancost, Morgan, Lewis & Bockius, Washington, D. C., David E. Weatherwax, Philip L. Jones, Consolidated Gas Supply Corp., Clarksburg, W. Va., on brief), for petitioner.

Stephen R. Melton (Robert R. Nordhaus, Gen. Counsel, Jerome Nelson, Sol., Norma J. Rosner, Federal Energy Regulatory Commission, Washington, D. C., on brief), for respondent.

Dennis Lane, Washington, D. C. (Richard A. Solomon, Wilner & Scheiner, Peter H. Schiff, Washington, D. C., on brief), for intervenor The Public Service Commission of the State of New York.

Before HALL, PHILLIPS and SPROUSE, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Consolidated Gas Supply Corporation (Supply) petitions for review of a rate setting by the Federal Energy Regulatory Commission (Commission). Specifically challenged are the Commission's approval of 12.5% as a reasonable and just rate of return on common equity for two rate increase filings and the Commission's decision to credit the cost rate for long-term debt for the amortization of discounts realized in

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