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

Nos. 80-2364, 83-1196 and 83-1414.

731 F.2d 959 (1984)

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

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1984.

As Amended April 18, 1984.

Attorney(s) appearing for the Case

Woodrow D. Wollesen, Washington, D.C., with whom Charles F. Wheatley, Jr. and William Steven Paleos, Washington, D.C., were on the brief, for Boroughs of Ellwood City, et al., petitioners in Nos. 80-2364, 83-1196 and 83-1414 and intervenors in No. 83-1294.

Steven A. Berger, Philadelphia, Pa., with whom James R. Edgerly and Stephen L. Feld, New Castle, Pa., were on the brief, for Pennsylvania Power Company, petitioner in No. 83-1294 and intervenor in Nos. 80-2364, 83-1196 and 83-1414.

John H. Conway, Attorney, F.E.R.C., Washington, D.C., with whom Stephen R. Melton, Acting General Counsel, and Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Before WALD and GINSBURG, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case marks the latest episode in the ongoing saga of the "price squeeze" doctrine in federal utility ratemaking. Several Pennsylvania municipalities1 ("Boroughs") petition for direct review of decisions by the Federal Energy Regulatory Commission ("FERC" or "the Commission") approving with minor modifications wholesale

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