Fpc v. Pacific Power & Light Co., 307 U.S. 156 (1939)

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Federal Power Commission v. Pacific Power & Light Co.

No. 508

Argued March 9, 1939
Decided April 17, 1939
307 U.S. 156

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Section 313(b) of the Federal Power Act, forbidding dispositions, consolidations, acquisitions, etc. of public utility facilities without prior authorization by order of the Federal Power Commission, further provides that, if the Commission, after notice and opportunity for hearing, finds that a proposed disposition will be consistent with the public interest, it shall approve the same.

Held:

1. That an order of the Commission denying an application of two power companies for approval of a proposed transfer, upon the ground that the applicants had failed to establish that the transfer would be consistent with the public interest, was reviewable on questions of law under § 313(b) of the Act, which provides that any party to a proceeding under the Act aggrieved by an order issued by the Commission in such proceeding may obtain review of such order in the Circuit Court of Appeals. P. 159.

2. The objection that review of the order presents no case or controversy, because the court cannot itself approve the proposed transfer, is rejected, since, without intruding upon the province of the Commission, the court can adjudicate the legal principles involved, and its judgment will be final and binding on the Commission. P. 159.

98 F.2d 83 affirmed.

Certiorari, 305 U.S. 593, to review an order of the court below which denied a motion to dismiss a petition to review an order of the Federal Power Commission.