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BOROUGHS OF ELLWOOD CITY, GROVE CITY v. F.E.R.C.

No. 82-3189.

701 F.2d 266 (1983)

BOROUGHS OF ELLWOOD CITY, GROVE CITY, NEW WILMINGTON, WAMPUM AND ZELIENOPLE, PENNSYLVANIA, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pennsylvania Power Company, Intervenor.

United States Court of Appeals, Third Circuit.

Decided March 4, 1983.

Attorney(s) appearing for the Case

Charles F. Wheatley (argued), Woodrow D. Wollesen, William Steven Paleos and Michael J. Thompson, Wheatley & Wollesen, Washington, D.C., for petitioners.

Charles A. Moore, Gen. Counsel, Jerome M. Feit, Sol., Joshua Z. Rokach (argued), F.E.R.C., Washington, D.C., for respondent.

Steven A. Berger (argued), Lawrence I. Fox, Berger, Steingut, Weiner, Fox & Stern, New York City, for intervenor; James R. Edgerly, Stephen L. Feld, New Castle, Pennsylvania Power Co., of counsel.

Before ADAMS, GARTH and BECKER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this proceeding, wholesale customers of the Pennsylvania Power Company (PPC), an electric utility, filed a petition challenging an order of the Federal Energy Regulatory Commission (FERC or Commission), which set the length of time that a proposed schedule of increased wholesale electric rates would be suspended. We hold that, under the circumstances of this case, the...

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