KANSAS CITIES v. F.E.R.C.

No. 81-2248.

723 F.2d 82 (1983)

KANSAS CITIES, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Kansas Gas and Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1983.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D.C., with whom Don Charles Uthus, Washington, D.C., was on brief, for petitioners. William Steven Paleos, Washington, D.C., also entered an appearance for petitioners.

Norma J. Rosner, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., and Charles A. Moore, Gen. Counsel, F.E.R.C., Washington, D.C., was on brief, for respondent.

Barbara J. Weller, Deputy Sol., and George H. Williams, Jr., Atty., F.E.R.C., Washington, D.C., also entered appearances for respondent.

J. Michael Peters and Ralph Foster, Wichita, Kan., were on brief, 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:

Cities from the state of Kansas petition under 16 U.S.C. § 825l(b) (1982) for review of a Commission order approving increased electricity rates to be charged by their supplier, Kansas Gas and Electric Company ("KG & E"). The principal issues are what standard the various supply contracts established for Commission-prescribed rate changes, and whether the Commission...

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