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ELECTRICITIES OF N.C. v. F.E.R.C.

No. 79-1205.

708 F.2d 783 (1983)

ELECTRICITIES OF NORTH CAROLINA and the Cities of Bennettsville and Camden South Carolina, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Carolina Power & Light Company, North Carolina Electric Membership Corporation & Four County Electric Membership Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1983.

Attorney(s) appearing for the Case

James N. Horwood, with whom P. Daniel Bruner, was on brief and David R. Straus, Washington, D.C., for petitioners.

Robert F. Shapiro, F.E.R.C., with whom Jerome M. Feit, Washington, D.C., was on brief, for respondent. Howard E. Shapiro, Andrew M. Zack, and Joanne Leveque, F.E. R.C., Washington, D.C., also entered appearances for respondent.

Robert T. Hall, III, Richard M. Merriman, Floyd L. Norton, IV, and Johnson A. Salisbury, Washington, D.C., were on brief for intervenor Carolina Power & Light Co.

Thomas J. Bolch, Raleigh, N.C., entered an appearance for intervenor North Carolina Elec. Membership Corp., et al.

Before TAMM and GINSBURG, Circuit Judges, and JOHN W. PECK, U.S. Senior Circuit Judge for the Sixth Circuit.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case is a challenge by ElectriCities to the Federal Energy Regulatory Commission's decision to allow Carolina Power & Light Company (CP & L) to normalize four classes of tax benefits in wholesale rates in effect from May 1, 1976, through December 28, 1977. ElectriCities argues (1) that the Commission incorrectly interpreted Order No. 530-B not to require it to address whether...

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