Legal Opinion

Gulf Power Company v. Federal Energy Regulatory Commission, Florida Public Utilities Company, Intervenor

Court of Appeals for the D.C. Circuit

Decided January 22, 1993No. 91-1354PublishedCited by 14 opinions

1Opinion of the Court

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 that they are “just and reasonable”; the Act makes any rates that fall short of the just and reasonable standard unlawful. 16 U.S.C. § 824d(a).

When a utility wishes to…

2Cases cited9 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  4. Towns of Concord, Norwood, and Wellesley, Massachusetts v. Federal Energy Regulatory Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1992
  5. Robert Smith, Jr. v. Warden James RoseCourt of Appeals for the Sixth Circuit · 1985

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3Cited by14 opinions

  1. District Hospital Partners v. Sylvia Mathews BurwellCourt of Appeals for the D.C. Circuit · 2015
  2. Morall v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2005
  3. United States Sugar Corp. v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2016
  4. Koch Gateway Pipeline Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1998
  5. Public Utilities Commission of the State of California v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company Transwestern Pipeline Company Southern California Gas Company Texaco Inc., Texas Gas Marketing Inc., and Texaco Exploration and Production, Inc. Williams Natural Gas Company, Intervenors. Southern California Gas Company v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company the Public Utilities Commission of the State of California Transwestern Pipeline Company Williams Natural Gas Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1993

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