KENTUCKY UTILITIES CO. v. F.E.R.C.

No. 84-1028.

760 F.2d 1321 (1985)

KENTUCKY UTILITIES COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Barbourville, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1985.


Attorney(s) appearing for the Case

Leonard W. Belter, Washington, D.C., with whom Malcolm Y. Marshall, Louisville, Ky., was on the brief, for petitioner.

A. Karen Hill, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent.

Thomas C. Trauger, James N. Horwood and Patricia E. Stack, Washington, D.C., were on the brief, for intervenors Cities of Barbourville, et al.

Before ROBINSON, Chief Judge, STARR, Circuit Judge, and WILKEY, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This petition for review takes us once again into the labyrinthine depths of rate-making regulation in the electric utility industry. Specifically, we are called upon to determine whether Kentucky Utilities Company, an electric utility subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC or the Commission), may include in its rate base capitalized carrying charges...

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