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KANSAS GAS & ELEC. CO. v. F.E.R.C.

No. 83-2328.

758 F.2d 713 (1985)

KANSAS GAS & ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Arcadia, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1985.

Attorney(s) appearing for the Case

J. Michael Peters, Wichita, Kan., for petitioner.

Andrea Wolfman, Atty., F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent.

Charles F. Wheatley, Jr., Washington, D.C., with whom Peter A. Goldsmith, Washington, D.C., was on the brief, for intervenor.

Before WRIGHT, BORK, and STARR, Circuit Judges.

Opinion for the court filed by Circuit Judge WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

This case presents the latest episode in a protracted battle over Kansas Gas & Electric Company's (KG & E) use of "minimum billing demand clauses" in its contracts with municipal customers. Specifically, KG & E petitions this court to reverse a Federal Energy Regulatory Commission (FERC) decision disallowing use of the...

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