Federal Power Commission v. Arizona Edison Co., Inc

The Federal Power Commission, hereinafter referred to as the Commission, brought this action in the United States District Court for the District of Arizona pursuant to §§ 314(a, b) and 317 of the Federal Power Act, 16 U.S.C.A. §§ 825m (a, b) and 825p, to secure enforcement of an order finding the Arizona Edison Company subject to its jurisdiction and directing said Company to comply with outstanding regu lations of the Commission. In particular, the order directed compliance with the Commission’s uniform accounting requirements and further required certain specific accounting entries on the basis of findings made by the Commission. The Company’s motion to dismiss the complaint was granted by the trial court on the ground that the complaint on its face disclosed that the Commission lacked jurisdiction to enter the order sought to be enforced.

The complaint recites that a proceeding was instituted by the Commission to determine whether the Company was within its jurisdiction as a “public utility” as defined in the Act and as such subject to various regulations and accounting orders; that said proceeding culminated in a Commission order finding the Company subject to the…