Legal Opinion

Arkansas Power & Light Co. v. Missouri Public Service Commission

Court of Appeals for the Eighth Circuit

Decided September 30, 1987No. Nos. 86-2254, 86-2255 and 86-2284PublishedCited by 3 opinions

1Opinion of the Court

ARNOLD, Circuit Judge.

The question presented is whether a federally ordered wholesale electric rate must be immediately passed on to a utility’s retail customers, despite state laws providing for a period of suspension before retail rates may become effective. The parties agree that costs represented by federally imposed wholesale rates must eventually be recognized by state retail-rate-making *1446authorities. Their disagreement comes only on the question whether the federally ordered costs must, as a matter of federal law, be passed on at once, as opposed to being considered as one element in a…

2Cases cited10 opinions

  1. Nantahala Power & Light Co. v. ThornburgSupreme Court of the United States · 1986
  2. New Orleans Public Service, Inc. v. The City of New Orleans, the Council for the City of New Orleans, Sidney J. BarthelemyCourt of Appeals for the Fifth Circuit · 1986
  3. Narragansett Electric Co. v. BurkeSupreme Court of Rhode Island · 1977
  4. Mississippi Industries v. Federal Energy Regulatory Commission, Missouri Public Service Commission, Mississippi Power & Light Company, Louisiana Power & Light Company, City of New Orleans, Louisiana, Mississippi Public Service Commission, State of Arkansas, Union Carbide Corporation, Occidental Chemical Corporation, Arkansas & Missouri Congressional Delegations, Louisiana Public Service Commission, Arkansas Public Service Commission, Jefferson Parish, Louisiana, Arkansas Power & Light Company, Middle South Energy, Inc., Middle South Services, Inc., and Cities of Conway and West Memphis, Arkansas, Intervenors. Mississippi Public Service Commission v. Federal Energy Regulatory Commission, Arkansas Power & Light Company v. Federal Energy Regulatory Commission, Mississippi Power & Light Company v. Federal Energy Regulatory Commission, Louisiana Public Service Commission v. Federal Energy Regulatory Commission, Occidental Chemical Corporation v. Federal Energy Regulatory Commission, Reynolds Metals Company v. Federal Energy Regulatory Commission, Edwin Lloyd Pittman, Attorney General of the State of Mississippi v. Federal Energy Regulatory Commission, Arkansas and Missouri Congressional Delegations v. Federal Energy Regulatory Commission, Arkansas Public Service Commission v. Federal Energy Regulatory Commission, State of Arkansas v. Federal Energy Regulatory Commission, Mississippi Legal Services Coalition v. Federal Energy Regulatory Commission, City of New Orleans v. Federal Energy Regulatory Commission, Missouri Public Service Commission v. Federal Energy Regulatory Commission, Representative Webb Franklin v. Federal Energy Regulatory Commission, Jefferson Parish, Louisiana v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1987
  5. New Orleans Public Service, Inc. v. The City of New Orleans, the Council for the City of New Orleans, Sidney J. BarthelemyCourt of Appeals for the Fifth Circuit · 1986

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3Cited by3 opinions

  1. Nucor Corporation v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 1990
  2. Arkansas Power & Light Company v. Missouri Public Service CommissionCourt of Appeals for the Eighth Circuit · 1987
  3. Nucor Corporation v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 1990

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