Public Service Co. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Petitioner electric companies1 seek review of ten orders of the Federal Power Commission (hereinafter “Commission”).2 In the challenged orders, the Commission refused to allow the electric companies to impose rate surcharges to compensate for alleged uncompensated fuel costs to which they allege they became entitled when they filed new rates based on fuel costs incurred in the billing month rather than for some prior period. The Commission held that the proposed surcharges amount to retroactive ratemaking, which…