Legal Opinion · Dissent

Potomac Electric Power Co. v. Public Utilities Commission of District of Columbia

Court of Appeals for the D.C. Circuit

Decided July 16, 1946No. 8967Published

1Dissent

WILBUR K. MILLER,

Associate Justice (dissenting).

In my opinion, the sliding scale rate arrangement permitted by paragraph 18 of the utility regulatory act here involved must be one which is entered into voluntarily by the utility, and alterations in it may not be made by the Commission without the utility’s consent, and certainly not over its protest. It is my view also that the District of Columbia regulatory act differs basically from the Natural Gas Act, in that its paragraphs 6 and 7 prescribe standards for the Commission to follow in the rate-making process which are not contained in the…

2Cases cited5 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Federal Power Commission v. Natural Gas Pipeline Co.Supreme Court of the United States · 1942
  3. Colorado Interstate Gas Co. v. Federal Power CommissionSupreme Court of the United States · 1945
  4. Washington Gas Light Co. v. ByrnesCourt of Appeals for the D.C. Circuit · 1943
  5. Public Utilities Commission of District of Columbia v. Capital Traction Co.Court of Appeals for the D.C. Circuit · 1927

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