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GAINESVILLE UTILITIES DEPARTMENT v. FLORIDA POWER CORP.

No. 464.

402 U.S. 515 (1971)

91 S.Ct. 1592

29 L.Ed.2d 74

GAINESVILLE UTILITIES DEPARTMENT ET AL. v. FLORIDA POWER CORP.

Supreme Court of United States.

Decided May 24, 1971

Attorney(s) appearing for the Case

George Spiegel argued the cause for petitioners in No. 464. With him on the briefs was Melvin Richter. Gordon Gooch argued the cause for petitioner in No. 469. With him on the brief were Solicitor General Griswold, Samuel Huntington, Peter H. Schiff, and Leonard D. Eesley.

Richard W. Emory argued the cause for respondent in both cases. With him on the brief were Robert A. Shelton and S. A. Brandimore.

Northcutt Ely filed a brief for the American Public Power Association as amicus curiae urging reversal.

Thomas M. Debevoise filed a brief for the American Electric Power Service Corp. et al. as amici curiae urging affirmance.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Under the Federal Power Act, an order of the Federal Power Commission that directs one electric utility "to establish physical connection of its transmission facilities with the facilities of" another utility "may prescribe the terms and conditions of the arrangement to be made . . . including the apportionment of cost between them and the compensation or reimbursement reasonably due to any of them." Federal...

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