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MEMPHIS LIGHT, GAS & WATER DIV. v. F.E.R.C.

Nos. 81-2356, 82-1302.

707 F.2d 565 (1983)

MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Texas Gas Transmission Corporation, Terre Haute Gas Corporation, Intervenors. MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United Gas Pipe Line Company, Texas Gas Transmission Corporation, Texas Eastern Transmission Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 1983.

Attorney(s) appearing for the Case

Reuben Goldberg, Washington, D.C., with whom Glenn W. Letham, Washington, D.C., was on the brief, for petitioner. Channing D. Strother, Jr., Washington, D.C., also entered an appearance for petitioner in 81-2356.

Andrea Wolfman, Atty., F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent.

Cecil W. Talley, Houston, Tex., with whom Thomas W. Pounds and Irving Jacob Golub, Houston, Tex., were on the brief for United Gas Pipe Line Co., intervenor in 82-1302.

Christopher T. Boland, Washington, D.C., with whom J. Derrill Cody and William A. Williams, were on the brief for Texas Gas Transmission Corp., intervenor in 81-2356 and 82-1302.

J. Evans Attwell, Houston, Tex., also entered an appearance for Texas Eastern Transmission Corp., intervenor in 82-1302.

Albert J. Feigen, Washington, D.C., also entered an appearance for Terre Haute Gas Corp., intervenor in 81-2356.

Before MIKVA and EDWARDS, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

These two petitions for review of orders of the Federal Energy Regulatory Commission (FERC or Commission) represent the latest episode in the continuing saga of the Commission's treatment of accelerated depreciation when taxes are computed as an includable expense in cost of service. Specifically at issue is the Commission's reaction, in the context of the "normalization" method...

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