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

Nos. 91-1595, 91-1654.

993 F.2d 1557 (1993)

ALABAMA POWER COMPANY; Georgia Power Company; Gulf Power Company; Mississippi Power Company; Savannah Electric and Power Company; Southern Company Services, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Alabama Public Service Commission; City of Tallahassee, Florida; Oglethorpe Power Corporation, Intervenors. ALABAMA POWER COMPANY; Georgia Power Company; Gulf Power Company; Mississippi Power Company; Savannah Electric and Power Company; Southern Company Services, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Alabama Public Service Commission; Cajun Electric Power Cooperative, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1993.

Attorney(s) appearing for the Case

Rodney O. Mundy, with whom Dan H. McCrary, Mark A. Crosswhite, Birmingham, AL Robert H. Forry, Atlanta, GA, Leamon R. Holliday, III, Savannah, GA, G. Edison Holland, Jr., Pensacola, FL, and Ben H. Stone, Gulfport, MS, were on the joint brief, for petitioners in Nos. 91-1595 and 91-1654.

Samuel Soopper, Atty., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, DC, were on the brief, for respondent.

John N. Estes, III, Washington, DC, entered an appearance for intervenor Oglethorpe Power Corp.

P. Michael Cole, Athens, AL, entered an appearance for intervenor Alabama Public Service Com'n.

Gary D. Bachman, Washington, DC, entered an appearance for intervenor City of Tallahassee, FL.

James D. Pembroke, Washington, DC, entered an appearance for intervenor Cajun Elec. Power Co-op., Inc.

Before WALD, BUCKLEY and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

The first issue in this appeal is whether the Federal Energy Regulatory Commission ("FERC" or "Commission") may require different operating companies commonly owned by a holding company to charge a single system transmission rate on off-system sales of electricity transmitted throughout the lines of the various operating companies. The Southern Company ("Southern") owns petitioners Alabama...

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