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EL PASO ELEC. v. FEDERAL ENERGY REGULATORY COM'N

No. 80-1763.

667 F.2d 462 (1982)

EL PASO ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit. Unit A

February 8, 1982.

Attorney(s) appearing for the Case

Carl W. Ulrich, Chapman, Duff & Paul, Washington, D. C., for petitioner.

John A. Cameron, Jr., Atty. F.E.R.C., Washington, D. C., for respondent.

Miller, Balis & O'Neil, P.C., Robert A. O'Neil, Washington, D. C., for Rio Grande Elec. Co-op., intervenor.

Before CHARLES CLARK, GARZA and SAM D. JOHNSON, Circuit Judges.

GARZA, Circuit Judge:

We are called upon to review Opinion Nos. 851 and 85-A2 of the Federal Energy Regulatory Commission3 denying petitioner's request to include within its rate base expenditures on construction work in progress and establishing 13.75 percent as the rate of return to which petitioner is entitled on common equity. Having found no merit to the contentions raised...

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