Papago Tribal Utility Authority v. Federal Energy Regulatory Commission, Arizona Public Service Company, Intervenor

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge.

Papago Tribal Utility Authority petitions under 16 U.S.C. § 8257(b) (1982) for review of an order of the Federal Energy Regulatory Commission approving an increase in rates paid to the Arizona Public Service Company. The issues on appeal are whether the parties’ contract authorized the Commission to fix “just and reasonable” rates, whether the Commission’s finding under § 206(a) of the Federal Power Act that prior rates were unjust and unreasonable was procedurally and substantively sound, and whether the new rates…