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SOUTHWESTERN PUBLIC SERVICE CO. v. F.E.R.C.

No. 90-1513.

952 F.2d 555 (1992)

SOUTHWESTERN PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The Full Requirements Cooperative Customers of Southwestern Public Service Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 1992.

Attorney(s) appearing for the Case

Paul J. Kelly, Jr., with whom Paul W. Eaton, Alan J. Statman, Michael E. Small and Grace H. Kim were on the brief, for petitioner.

Randolph Lee Elliott, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., were on the brief, for respondent. Samuel Soopper, Atty., F.E.R.C., also entered an appearance, for respondent.

Robert A. O'Neil, with whom Robert Weinberg was on the brief, for intervenors.

Before RUTH BADER GINSBURG, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

When a utility files a proposed rate increase with the Federal Energy Regulatory Commission, it supports the filing with current estimates of its future costs and revenues. The Commission normally bases its decision on the estimates' reasonableness when made, disregarding events occurring between the filing and its own decision, and shunning the model of Penelope...

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