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GEORGIA POWER COMPANY v. FEDERAL POWER COM'N

No. 23753.

373 F.2d 485 (1967)

GEORGIA POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

February 21, 1967.

Attorney(s) appearing for the Case

Tench C. Coxe, William H. Schroder, Harold C. McKenzie, Jr., Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for petitioner.

Carlton C. McCamy, McCamy, Minor, Vining & Phillips, Dalton, Ga., John T. Miller, Jr., Washington, D. C., for City of Dalton, Ga.

L. Clifford Adams, Jr., Heard & Leverett, Elberton, Ga., for the Power Section, Georgia Municipal Assn.

Northcutt Ely, C. Emerson Duncan, II, Ely & Duncan, Washington, D. C., for American Public Power Assn.

Howard E. Wahrenbrock, Sol., Richard A. Solomon, Gen. Counsel, William H. Arkin, Atty., FPC, Drexel D. Journey, Asst. Gen. Counsel, Sandra Strebel, Atty., FPC, Washington, D. C., for respondent.

Before GEWIN and AINSWORTH, Circuit Judges, and HUNTER, District Judge.

AINSWORTH, Circuit Judge:

The question for decision is whether the Federal Power Commission erred in ordering Georgia Power Company to eliminate from certain wholesale electric energy schedules those provisions relating to resale load ceiling and small resale credits, held by the Commission to be unjust, unreasonable and unduly discriminatory, without an additional hearing by the Commission to refix the rate before terminating these provisions.

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