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APPALACHIAN POWER CO. v. PSC OF WEST VIRGINIA

Nos. 86-2540, 86-2541.

812 F.2d 898 (1987)

APPALACHIAN POWER COMPANY; American Electric Power Company, Inc.; Kentucky Power Company; Columbus and Southern Ohio Electric Co.; Indiana & Michigan Electric Company; Ohio Power Company, Appellees, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; Otis D. Casto, as a member of Public Service Commission of West Virginia; Michael D. Greer, as a member of Public Service Commission of West Virginia, Defendants, and Consumer Advocate Division of the West Virginia Public Service Commission, Appellant. Federal Energy Regulatory Commission, Amicus Curiae. APPALACHIAN POWER COMPANY; American Electric Power Company, Inc.; Kentucky Power Company; Columbus and Southern Ohio Electric Co.; Indiana & Michigan Electric Company; Ohio Power Company, Appellees, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; Otis D. Casto, as a member of Public Service Commission of West Virginia; Michael D. Greer, as a member of Public Service Commission of West Virginia, Appellants, and Consumer Advocate Division of the West Virginia Public Service Commission, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1987.

Attorney(s) appearing for the Case

Richard E. Hitt, Jackson, Miss., Billy Jack Gregg, Culloden, W. Va. (Mark G. Thessin, on brief), for appellants.

Charles McElwee, Charleston, W. Va., (William C. Porth, Robinson & McElwee, Charleston, W. Va., A. Joseph Dowd, Edward J. Brady, New York City, Kevin F. Duffy, on brief), for appellees.

(William H. Satterfield, General Counsel; Jerome M. Feit, Sol., Joanne Leveque, Washington, D.C., on brief), for amicus curiae.

Before PHILLIPS and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Appalachian Power Company, Inc. (APC), its parent, American Electric Power Company, Inc. (AEP), and their various affiliates1 filed suit in the United States District Court for the Southern District of West Virginia seeking declaratory and injunctive relief against the Public Service Commission of West Virginia (PSC)2 regarding

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