CAMPAIGN FOR A PROSPEROUS GEORGIA v. S.E.C.

Nos. 96-8655, 97-8123.

149 F.3d 1282 (1998)

CAMPAIGN FOR A PROSPEROUS GEORGIA, Petitioner, v. SECURITIES AND EXCHANGE COMMISSION, Respondent. The Southern Company, Intervenor.

United States Court of Appeals, Eleventh Circuit.

August 11, 1998.


Attorney(s) appearing for the Case

J. Michael Walls, Walls & Glucksman, Atlanta, GA, Robert A. Jablon, Matthew W. Ward, Peter J. Hopkins, Spiegel & McDiarmid, Washington, DC, for Petitioner.

Sara Schotland, Washington, DC, for Amici Curie American Iron & Steel, APPA, ECRC.

Eric Summergrad, Mark Pennington, SEC, Washington, DC, for Respondent.

James E. Joiner, John Lamberski, James A. Lamberth, Robert W. Webb, Jr., Troutman, Sanders, LLP, Atlanta, GA, for Intervenors.

Before CARNES and MARCUS, Circuit Judges, and MILLS, Senior District Judge.


CARNES, Circuit Judge:

Campaign for a Prosperous Georgia ("CPG") petitions this Court for review of orders of the Securities and Exchange Commission ("SEC") granting the Southern Company ("Southern"), a utility holding company, permission to issue or sell securities for the purpose of investing up to 100% of its retained earnings in other power producers. In its petition, CPG argues that the SEC: 1) misapplied its own rule by not requiring Southern to specify the...

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