Legal Opinion

Electrical District No. 1 v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided October 4, 1985No. Nos. 83-1627, 83-1656PublishedCited by 4 opinions

1Opinion of the Court

SCALIA, Circuit Judge:

This case arises out of a ratemaking proceeding before the Federal Energy Regulatory Commission under § 206 of the Federal Power Act, 16 U.S.C. § 824e (1982). In terms familiar to the energy bar, the question it presents is the lawfulness of FERC’s decision to make a rate increase effective as of the date of its order directing a compliance filing, rather than upon the date of acceptance of the compliance filing. In less technical terms, the question is whether new rates can lawfully be made effective as of the date on which the Commission outlines the factors on the…

2Cases cited9 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  3. Federal Power Commission v. Natural Gas Pipeline Co.Supreme Court of the United States · 1942
  4. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
  5. Indiana & Michigan Electric Company v. Federal Power Commission, Richmond Power and Light of the City of Richmond, Indiana,intervenorsCourt of Appeals for the D.C. Circuit · 1974

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3Cited by4 opinions

  1. Watergate East, Inc. v. District of Columbia Public Service CommissionDistrict of Columbia Court of Appeals · 1995
  2. Public Service Company of New Mexico v. Federal Energy Regulatory Commission, City of Gallup, New Mexico, Intervenor. City of Gallup, New Mexico v. Federal Energy Regulatory Commission, Public Service Company of New Mexico, IntervenorCourt of Appeals for the D.C. Circuit · 1988
  3. Public Service Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1988
  4. Electrical District No. 1 v. Federal Energy Regulatory Commission, Arizona Public Service Company, Intervenor. Papago Tribal Utility Authority v. Federal Energy Regulatory Commission, Arizona Public Service Company, IntervenorCourt of Appeals for the D.C. Circuit · 1985

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