Legal Opinion · Dissent

Alabama Power Company v. Federal Power Commission, Consolidated Edison Company of New York, Inc. v. Federal Power Commission

Court of Appeals for the D.C. Circuit

Decided November 11, 1974No. 73-1436, 73-2016Published

1DissentFahy, Senior Circuit Judge

(dissenting) :

In considering the several orders of the Commission culminating with its order now on review, I am unable to agree that the Commission has complied with the obligation of explaining its decision in a manner to which the parties are entitled and which affords an adequate basis for favorable court review.

I

In the original Order, No. 453, issued June 7, 1972, the Commission amended section 141.61 of its regulations so as to require certain steam-electric generating utilities to file a monthly report on FPC Form No. 423 listing data on cost, quality and source of supply of fuels the…

2Cases cited8 opinions

  1. Greater Boston Television Corp. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1970
  2. Atlantic Refining Co. v. Public Service CommissionSupreme Court of the United States · 1959
  3. United States v. Container Corporation of AmericaSupreme Court of the United States · 1969
  4. Gulf States Utilities Co. v. Federal Power CommissionSupreme Court of the United States · 1973
  5. Northern Natural Gas Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1968

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