Duke Power Company v. Federal Power Commission

ROBINSON, Circuit Judge:

This litigation presents the question whether the Federal Power Act 1 requires an interstate electric utility to obtain approval by the Federal Power Commission of its acquisition of facilities utilized in the local distribution of electric energy. Section 203(a) 2 of the Act bans, in the absence of the Commission’s authorizing order, the disposition by such a utility of “the whole of its facilities subject to the jurisdiction of the Commission, or any part thereof of a value in excess of $50,000,” and the merger or consolidation of “such facilities or any part thereof…