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FPC v. MEMPHIS LIGHT, GAS & WATER DIV.

No. 72-486.

411 U.S. 458 (1973)

93 S.Ct. 1723

36 L.Ed.2d 426

FEDERAL POWER COMMISSION v. MEMPHIS LIGHT, GAS & WATER DIVISION ET AL.

Supreme Court of United States.

Decided May 7, 1973.

Attorney(s) appearing for the Case

Samuel Huntington argued the cause for petitioner in No. 72-486. With him on the brief were Solicitor General Griswold, Leo E. Forquer, and George W. McHenry, Jr. Christopher T. Boland argued the cause for petitioner in No. 72-488. With him on the briefs were Melvin Richter and Robert O. Koch.

George E. Morrow argued the cause for respondent Memphis Light, Gas & Water Division in both cases. With him on the brief was Reuben Goldberg. Richard A. Solomon argued the cause and filed a brief for respondent Public Service Commission for the State of New York in both cases. Charles F. Wheatley, Jr., and William T. Miller filed a brief for respondent American public Gas Assn. in both cases.†

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

We granted certiorari in these cases to determine whether § 441 of the Tax Reform Act of 1969, 26 U. S. C. § 167 (l), circumscribes the authority of the Federal Power Commission under the Natural Gas Act, 52 Stat. 821, as amended, 15 U. S. C. § 717 et seq., to permit a regulated utility to change its method of computing depreciation for ratemaking purposes from "flow-through" to ...

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