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KENTUCKY UTILITIES CO. v. F. E. R. C.

No. 81-2027.

689 F.2d 207 (1982)

KENTUCKY UTILITIES COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Jackson Purchase Electric Cooperative Corp., Cities of Barbourville, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 7, 1982.

Attorney(s) appearing for the Case

Leonard W. Belter, with whom William A. Kehoe, III, Washington, D. C., and Malcolm Y. Marshall, Louisville, Ky., were on the brief for petitioner.

Joel Cockrell, Washington, D. C., for respondent.

Thajuana D. Miller and Jerome M. Feit, Washington, D. C., entered appearances for respondent.

Dandridge F. Walton, Frankfort, Ky., entered an appearance for intervenor, Jackson Purchase Elec. Co-op. Corp.

Sandra J. Strebel, Frances E. Francis, Daniel Guttman and Patricia E. Stack, Washington, D. C., entered appearances for intervenor Cities of Barbourville, et al.

Barbara J. Weller and Charles A. Moore, Washington, D. C., entered appearances for F. E. R. C.

Before WILKEY and WALD, Circuit Judges and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In this appeal, Kentucky Utilities Company ("KU" or "Company") challenges an order of the Federal Energy Regulatory Commission ("FERC" or "Commission") suspending implementation of a rate increase until five months and 21 days after the Company proposed that the new rate take effect. The Company argues first that FERC had no authority to delay the effective date for a period longer than...

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