Legal Opinion
Kansas Gas & Electric Company v. Federal Energy Regulatory Commission, Cities of Arcadia, Intervenors
Court of Appeals for the D.C. Circuit
Decided April 5, 1985No. 83-2328PublishedCited by 20 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge WRIGHT.
J. SKELLY WRIGHT, Circuit Judge:
This case presents the latest episode in a protracted battle over Kansas Gas & Electric Company’s (KG & E) use of “minimum billing demand clauses” in its contracts with municipal customers. Specifically, KG & E petitions this court to reverse a Federal Energy Regulatory Commission (FERC) decision disallowing use of the clauses in a given period. KG & E maintains that FERC improperly assigned it the burden of proof to justify use of these clauses.
Although the subject is arcane, our inquiry is clear. We must…
2Cases cited14 opinions
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Burlington Truck Lines, Inc. v. United StatesSupreme Court of the United States · 1962
- National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
- United Gas Pipe Line Co. v. Mobile Gas Service Corp.Supreme Court of the United States · 1956
- Federal Power Commission v. Sierra Pacific Power Co.Supreme Court of the United States · 1956
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3Cited by20 opinions
- Boston Edison Company v. Federal Energy Regulatory Commission, City of Holyoke Gas and Electric Department, IntervenorsCourt of Appeals for the First Circuit · 1988
- Transcanada Pipelines Limited v. Federal Energy Regulatory Commission, No. 87-1229Court of Appeals for the D.C. Circuit · 1989
- Office of Consumers' Counsel, State of Ohio v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Public Service Commission of West Virginia, Process Gas Consumers Group, Columbia Gas Distribution Companies, Ugi Corporation, Dayton Power and Light Company, Columbia Gas Transmission Corporation, Pennsylvania Gas and Water Company, Consumer Advocate for the Commonwealth of Pennsylvania, Washington Gas Light Company, Interstate Natural Gas Association of America, Cities of Charlottesville and Richmond, Virginia, Consumer Advocate Division of the Public Service Commission of West Virginia, Cincinnati Gas & Electric Company, Baltimore Gas and Electric Company, Public Utilities Commission of Ohio, Texas Eastern Transmission Corporation, Transwestern Pipeline Company, Exxon Corporation, Maryland Office of People's Counsel, Intervenors. Associated Gas Distributors v. Federal Energy Regulatory Commission, Public Service Commission of the State of New York, Public Service Commission of West Virginia, Pennsylvania Gas and Water Company, Process Gas Consumers Group, Columbia Gas Distribution Companies, Ugi Corporation, Dayton Power and Light Company, Columbia Gas Transmission Corporation, Washington Gas Light Company, Interstate Gas Association of America, Cities of Charlottesville and Richmond, Virginia, Consumer Advocate Division of the Public Service Commission of West Virginia, Office of Consumers' Counsel, Cincinnati Gas & Electric Company, Baltimore Gas and Electric Company, Public Utilities Commission of Ohio, Texas Eastern Transmission Corporation, Transwestern Pipeline Company, Exxon Corporation, Maryland Office of People's Counsel, Intervenors. Public Service Commission of the State of New York v. Federal Energy Regulatory Commission, Washington Gas Light Company, Baltimore Gas and Electric Company, Exxon Corporation, Maryland Office of People's Counsel, Cities of Charlottesville and Richmond, Virginia, Cincinnati Gas & Electric Company, Office of Consumers' Counsel, Process Gas Consumers Group, Consumer Advocate Division of the Public Service Commission of West Virginia, Public Utilities Commission of Ohio, Intervenors. Cities of Charlottesville and Richmond, Virginia v. Federal Energy Regulatory Commission, Dayton Power and Light Company, Cincinnati Gas & Electric Company, Maryland Office of People's Counsel, Baltimore Gas and Electric Company, Process Gas Consumers Group, Washington Gas Light Company, Public Utilities Commission of Ohio, Intervenors. Citizen/labor Energy Coalition v. Federal Energy Regulatory Commission, Dayton Power and Light Company, Cincinnati Gas & Electric Company, Baltimore Gas and Electric Company, Maryland Office of People's Counsel, Consumers' Counsel, State of Ohio, Process Gas Consumers Group, Washington Gas Light Company, Public Utilities Commission of Ohio, Intervenors. Baltimore Gas & Electric Company v. Federal Energy Regulatory Commission, Dayton Power and Light Company, Cincinnati Gas & Electric Company, Office of Consumers' Counsel, Maryland Office of People's Counsel, Process Gas Consumers Group, Washington Gas Light Company, Cities of Charlottesville and Richmond, Virginia, Public Utilities Commission of Ohio, Intervenors. Process Gas Consumers Group v. Federal Energy Regulatory Commission, Public Utilities Commission of Ohio, Office of Consumers' Counsel, Baltimore Gas and Electric Company, Cities of Charlottesville and Richmond, Virginia, Washington Gas Light Company, Maryland Office of People's Counsel, Pennsylvania Department of Commerce, Association of Businesses Advocating Tariff Equity, American Iron and Steel Institute, Georgia Industrial Group, Intervenors. Columbia Gas Transmission Corporation v. Federal Energy Regulatory Commission, Ugi Corporation, Dayton Power and Light Company, Public Service Commission of West Virginia, Process Gas Consumers Group, Public Service Commission of the State of New York, Pennsylvania Gas and Water Company, Columbia Gas Distribution Companies, Ohio Office of Consumers' Counsel, Washington Gas Light Company, Associated Gas Distributors, Baltimore Gas and Electric Company, Cities of Charlottesville and Richmond, Virginia, Interstate Natural Gas Association of America, Transwestern Pipeline Company, Texas Eastern Transmission Corporation, Maryland Office of People's Counsel, the Cincinnati Gas & Electric Company and Union Light, Heat & Power Company, Consumer Advocate Division of the Public Service Commission of West Virginia, Public Utilities Commission of Ohio, IntervenorsCourt of Appeals for the D.C. Circuit · 1986
- Firstenergy Service Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2014
- Nw. Corp. v. Fed. Energy Regulatory Comm'nCourt of Appeals for the D.C. Circuit · 2018
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