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PAPAGO TRIBAL UTILITY AUTHORITY v. F.E.R.C.

Nos. 82-1338, 82-1339.

723 F.2d 950 (1983)

PAPAGO TRIBAL UTILITY AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arizona Public Service Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1983.

As Amended December 22, 1983.

Attorney(s) appearing for the Case

Arnold D. Berkeley, Washington, D.C., with whom Richard I. Chaifetz, Washington, D.C., was on the brief, for petitioner.

Arlene Pianko Groner, Atty., F.E.R.C., Washington, D.C., with whom Charles A. Moore, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Brian J. McManus, Washington, D.C., with whom Nicholas H. Powell, Phoenix, Ariz., and Richard M. Merriman, Washington, D.C., were on brief, for intervenor. Steven M. Wheeler, Phoenix, Ariz., also entered an appearance for intervenor.

Before EDWARDS and SCALIA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge.

Papago Tribal Utility Authority petitions under 16 U.S.C. § 825l (b) (1982) for review of an order of the Federal Energy Regulatory Commission approving an increase in rates paid to the Arizona Public Service Company. The issues on appeal are whether the parties' contract authorized the Commission to fix "just and reasonable" rates, whether the Commission's finding under...

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