Democratic Central Committee of the District of Columbia v. Washington Metropolitan Area Transit Commission, D. C. Transit System, Inc., Intervenor

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

This petition subjects to review Order No. 773 of the Washington Metropolitan Area Transit Commission1 in an aspect untouched by today’s Powell decision.2 Petitioners assert, as their major contention, that the Commission should have taken into account, in the fare-setting process leading to that order, the amount by which . properties which Transit had transferred from operating to nonoperating status had appreciated in value while in service. We conclude, in the circumstances peculiar to Transit as a public utility, that the Commission erred in…