PUBLIC SYSTEMS, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Cities Service Gas Company, Arkansas Power & Light Company, et al., Electric Utilities, Central Illinois Light Company, Potomac Electric Power Company, Central and South West Corporation, et al., El Paso Natural Gas Company, Edison Electric Institute, East Tennessee Group, Intervenors.
CITIES OF ALTAMONT, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Potomac Electric Power Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 10, 1983.
Decided May 31, 1983.
Attorney(s) appearing for the Case
James N. Horwood, Washington, D.C., with whom Bonnie S. Blair, Gary J. Newell, and P. Daniel Bruner, Washington, D.C., were on the brief, for petitioner Public Systems. David R. Straus, Washington, D.C., also entered an appearance for Public Systems.
Philip B. Malter, Washington, D.C., with whom Charles F. Wheatley, Jr., Washington, D.C., was on the brief, for petitioners Cities of Altamont, et al. Michael J. Thompson and William S. Paleos, Washington, D.C., also entered appearances for Cities of Altamont, et al.
Alfred O. Holl, Oklahoma City, Okl., Dale A. Wright, Gregory Grady and Barbara J. Klein, Washington, D.C., were on the brief for intervenor Cities Service Gas Co. Kim M. Clark, Washington, D.C., also entered an appearance for Cities Service Gas Co.
Robert F. Shapiro, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Atty., F.E.R.C., Washington, D.C., was on the brief, for respondent.
Arnold D. Berkeley and Richard I. Chaifetz, Washington, D.C., were on the brief for intervenors The East Tennessee Group.
Edward A. Caine, Washington, D.C., was on the brief for intervenor Potomac Elec. Power Co.
Edward Berlin, Thomas M. Lemberg, Richard M. Merriman, James K. Mitchell, C. Frank Reifsnyder, Frederick T. Searls, Leonard W. Belter, Clark Evans Downs, and Carolyn Y. Thompson, Washington, D.C., were on the joint brief for intervenors in support of respondent F.E.R.C.
Joseph C. Swidler and Steven J. Agresta, Washington, D.C., entered appearances for intervenor Electric Utilities.
Donald J. MacIver, Jr., and Scott D. Fobes, El Paso, Tex., entered appearances for intervenor El Paso Natural Gas Co.
Before TAMM and GINSBURG, Circuit Judges, and JOHN W. PECK, U.S. Senior Circuit Judge for the Sixth Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
Income taxes are one of the costs of service that the Federal Energy Regulatory Commission must consider in setting wholesale rates for public utilities and natural gas pipeline companies. Determining the proper tax allowance is complicated by disparities between the policies of the Commission and the Internal Revenue Service. For example, ratemaking rules may require that a current utility...
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