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GULF POWER CO. v. F.E.R.C.

No. 91-1354.

983 F.2d 1095 (1993)

GULF POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Florida Public Utilities Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1993.

Attorney(s) appearing for the Case

Dan H. McCrary, with whom Rodney O. Mundy, Birmingham, AL, and G. Edison Holland, Jr., Pensacola, FL, were on the brief, for petitioner. Mark A. Crosswhite, Birmingham, AL, entered an appearance for petitioner.

Robert H. Solomon, Atty., F.E.R.C., Washington, DC, for respondent. William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol. and Thomas G. Lane, Atty., F.E.R.C., Washington, DC, were on the brief for respondent.

Thomas F. Brosnan and Andrea J. Chambers, Washington, DC, entered appearances for intervenor.

Before EDWARDS, RUTH BADER GINSBURG and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

I. Statutory Background

Under the Federal Power Act (FPA or Act), 16 U.S.C. §§ 824 et seq., a utility subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC) must file with FERC a schedule of the rates it intends to charge its customers. 16 U.S.C. § 824d(c), (d). FERC reviews the rates to ensure...

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