Legal Opinion · Dissent

Public Systems v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided February 16, 1979No. Nos. 76-1609, 76-1830PublishedCited by 14 opinions

1DissentOpinion for the Court filed by Bazelon, Circuit Judge

BAZELON, Circuit Judge:

Petitioners, municipally-owned utilities, challenge a rule promulgated by the Federal Power Commission (FPC) permitting “comprehensive interperiod tax allocation” (CITA) for interstate suppliers of gas and electricity. The rule allows suppliers to “normalize” an unspecified number of tax benefits,1 a process that permits the utilities to defer tax payments but include the deferred costs in current rates. Petitioners, who buy power wholesale and distribute it locally, allege that the Commission failed to provide a reasoned basis for its action and improperly neglected…

2Cases cited32 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  3. United States v. Philadelphia National BankSupreme Court of the United States · 1963
  4. Otter Tail Power Co. v. United StatesSupreme Court of the United States · 1973
  5. Federal Power Commission v. Texaco Inc.Supreme Court of the United States · 1974

27 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Washington Gas Light Co. v. Public Service CommissionDistrict of Columbia Court of Appeals · 1982
  2. Schepps Dairy, Inc., a Corporation v. Bob Bergland, Secretary, Department of AgricultureCourt of Appeals for the D.C. Circuit · 1980
  3. Barasch v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1985
  4. Cities of Batavia, Naperville, Rock Falls, Winnetka, Geneva, Rochelle and St. Charles, Illinois v. Federal Energy Regulatory Commission, Commonwealth Edison Co., Intervenor. Cities of Batavia, Naperville, Rock Falls, Winnetka, Geneva, Rochelle and St. Charles, Illinois v. Federal Energy Regulatory Commission, Commonwealth Edison Co., IntervenorCourt of Appeals for the D.C. Circuit · 1982
  5. NEPCO Municipal Rate Committee v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1981

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