UNION ELEC. CO. V. FERC
890 F.2d 192 (D.C. Cir. 1990)
NATURE OF THE CASE: This was a dispute over a two-year lag between the record and the
actual decision made and a refusal to allow a party to challenge new data used subsequent to
the initial hearings.
FACTS: A record was developed and subsequently there was a two-year lag in the actual
decision. During this time, T-Bills fell 4.09 points. The Commission then reduced the equity
rate of return by the same amount and later in response to Union’s arguments for a rehearing
modified the T-Bill rate from 7.33 to 7.77 and reduced the adjustment to 3.65 points. The
Commission then approved a rate that was substantially different from what was initially
found. Union contends that the use of the T-bill data violated 556(e) and Due Process.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment