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ELECTRICAL DIST. NO. 1 v. F.E.R.C.

Nos. 83-1627, 83-1656.

774 F.2d 490 (1985)

ELECTRICAL DISTRICT NO. 1, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arizona Public Service Company, Intervenor. PAPAGO TRIBAL UTILITY AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arizona Public Service Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 4, 1985.

Attorney(s) appearing for the Case

Melvin Richter, Washington, D.C., with whom James T. McManus, Washington, D.C., was on brief, for petitioners in No. 83-1627.

Richard I. Chaifetz, Washington, D.C., with whom Arnold D. Berkeley, Washington, D.C., was on brief, for petitioner in No. 83-1656.

Joshua Rokach, Federal Energy Regulatory Commission, Washington, D.C., for respondent in Nos. 83-1627 and 83-1656. Barbara J. Weller, Deputy Sol. and Arlene Pianko Groner, Washington, D.C., were on brief for respondent in Nos. 83-1627 and 83-1656.

Vicki G. Sandler, Phoenix, Ariz., with whom Thomas E. Parrish, Steven M. Wheeler, Phoenix, Ariz., Richard M. Merriman and Brian J. McManus, Washington, D.C., were on brief, for intervenor in Nos. 83-1627 and 83-1656. Daniel J. Wright, Washington, D.C., also entered an appearance for intervenor.

Before MIKVA and SCALIA, Circuit Judges, and BAZELON, Senior Circuit Judge.

SCALIA, Circuit Judge:

This case arises out of a ratemaking proceeding before the Federal Energy Regulatory Commission under § 206 of the Federal Power Act, 16 U.S.C. § 824e (1982). In terms familiar to the energy bar, the question it presents is the lawfulness of FERC's decision to make a rate increase effective as of the date of its order directing a compliance filing, rather than upon the date of acceptance of the compliance filing. In less technical...

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