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CAROLINA POWER & LIGHT CO. v. F.E.R.C.

No. 87-1671.

860 F.2d 1097 (1988)

CAROLINA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Bennettsville and Camden, South Carolina, et al., North Carolina Electric Membership Corp., et al., Public Works Commission of the City of Fayetteville, North Carolina, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Robert T. Hall, III, New York City, with whom James K. Mitchell, Washington, D.C., was on the brief, for petitioner.

Joseph Karger, Attorney, F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Attorney, F.E.R.C., Washington D.C., were on the brief for respondent. John Conway, Attorney, F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Gary J. Newell, with whom James N. Horwood, Washington, D.C., Thomas J. Bolch, Raleigh, N.C., and Gearold L. Knowles, Washington, D.C., were on the brief for intervenors, The Cities of Bennettsville and Camden, et al.

Before RUTH B. GINSBURG and SILBERMAN, Circuit Judges, and MILTON POLLACK, Senior District Judge, United States District Court for the Southern District of New York.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case requires us to determine whether the Federal Energy Regulatory Commission ("FERC" or "Commission") allowed petitioner Carolina Power & Light Company ("CP & L") to reflect accurately its federal corporate income tax liability in wholesale electric ratemaking proceedings before the Commission. For want of a rational and intelligible basis underlying the action...

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