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PAPAGO TRIBAL UTILITY AUTHORITY v. F.E.R.C.

No. 84-7563.

776 F.2d 828 (1985)

PAPAGO TRIBAL UTILITY AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Arizona Public Service Company, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Arnold D. Berkeley, Richard I. Chaifetz, Washington, D.C., for petitioner.

William H. Satterfield, Gen. Counsel, Barbara J. Weller, Deputy Sol., A. Karen Hill, Atty., F.E.R.C., Washington, D.C., for respondent.

Thomas E. Parrish, Vicki G. Sandler, Arizona Public Service Co., Steven M. Wheeler, Snell & Wilmer, Phoenix, Ariz., Richard M. Merriman, Brian J. McManus, Reid & Priest, Washington, D.C., for intervenor Arizona Public Service Co.

Before CANBY and NORRIS, Circuit Judges and SMITH, District Judge.

CANBY, Circuit Judge:

Under the Federal Power Act, 16 U.S.C. § 824 et seq., the Federal Energy Regulatory Commission regulates wholesale sales of electric power. Appeals from FERC decisions are within our jurisdiction pursuant to section 313(b) of the Act, 16 U.S.C. § 825l (b). Here appellant Papago Tribal Utility Authority (PTUA) challenges a FERC decision in FERC Docket No. ER82-481 establishing wholesale electric power rates for appellee Arizona...

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