City of Frankfort, Indiana v. Federal Energy Regulatory Commission, Public Service Company of Indiana, Inc., Party

HARLINGTON WOOD, Jr., Circuit Judge.

The city of Frankfort, Indiana (“Frankfort”) appeals from an order of the Federal Energy Regulatory Commission (the “Commission”). The Commission, in response to a remand order from this court, affirmed the Administrative Law Judge’s findings of factual differences which justify a rate disparity between Frankfort and members of the same class of municipal purchasers of electrical power. We affirm.

I

Frankfort purchased part of its electric power and energy at wholesale from the Public Service Company of Indiana, Inc. (“PSCI”). Four other municipalities in…