Legal Opinion

Alabama Electric Cooperative, Inc. v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided July 23, 1982No. 81-1797PublishedCited by 50 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

If the usual setting for an allegation of unlawful rate discrimination is a case where a utility applies different rates or charges to groups of customers which are claimed to be similarly situated, then this is the unusual case. We are called upon to determine whether an application of the same rate to two groups of customers which are similar in many respects may nevertheless violate statutory prohibitions against unduly discriminatory rate schemes. For reasons set out in detail below, we hold that it may. We also…

2Cases cited10 opinions

  1. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  2. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  3. Pittsburgh Plate Glass Co. v. National Labor Relations BoardSupreme Court of the United States · 1941
  4. Federal Power Commission v. Conway Corp.Supreme Court of the United States · 1976
  5. Municipal Light Boards of Reading and Wakefield Massachusetts v. Federal Power Commission, Boston Edison Company, IntervenorCourt of Appeals for the D.C. Circuit · 1971

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3Cited by50 opinions

  1. Verizon Communications Inc. v. Federal Communications CommissionSupreme Court of the United States · 2002
  2. United Distribution Companies v. Federal Energy Regulatory Commission, Windward Energy & Marketing Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
  3. K N Energy, Inc. v. Federal Energy Regulatory Commission, Western Gas Resources, Inc., Williston Basin Interstate Pipeline Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1992
  4. Midwest Iso Transmission Owners v. Federal Energy Regulatory Commission, Public Service Commission of the Commonwealth of Kentucky, IntervenorsCourt of Appeals for the D.C. Circuit · 2004
  5. Sithe/Independence Power Partners, L.P. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2002

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