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CITIES OF ANAHEIM, RIVERSIDE, BANNING, ETC. v. FERC

No. 82-7478.

723 F.2d 656 (1984)

CITIES OF ANAHEIM, RIVERSIDE, BANNING, COLTON AND AZUSA, CALIFORNIA, Petitioners, and City of Vernon, California, Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Southern California Edison Co., Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1984.

Attorney(s) appearing for the Case

James N. Horwood, Spiegel & McDiarmid, Washington, D.C., for petitioners.

Arnold Fieldman, Washington, D.C., David B. Brearley, Vernon, Cal., for City of Vernon, Cal.

Joshua Rokach, Barbara Weller, Thajauna Miller, FERC, Washington, D.C., for respondent.

Brian J. McManus, Reid & Priest, Washington, D.C, for So. Cal. Edison.

Before FARRIS and REINHARDT, Circuit Judges, and SOLOMON, District Judge.

FARRIS, Circuit Judge:

On March 31, 1982, Southern California Edison applied to the Federal Energy Regulatory Commission for a rate increase. Five California cities, wholesale customers of Edison, intervened in opposition.1 When a utility files a new rate schedule with FERC (formerly the Federal Power Commission), the Commission can take one of three actions:

1) It can reject the filing outright, a prerogative not explicitly provided...

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