Pacific Gas and Electric Company v. Federal Power Commission, Sierra Pacific Power Company, Intervenor

Pacific Gas and Electric Company filed in this court a petition to review and set aside an order of the Federal Power Commission. Asserting that the petition has been filed in the wrong circuit, Sierra Pacific Power Company, inter-venor herein, has moved to dismiss the petition. Respondent, Federal Power Commission, has joined in the motion.

Disposition of this motion calls for consideration of the antecedent administrative and court proceedings involving these parties. On March 4, 1948, PG& E and Sierra entered into a contract under which PG&E sells to Sierra most of the electric energy used by the latter in serving its customers in Nevada and California. The contract, which has a fifteen-year term, contains a schedule of rates specifying the price at which such electric energy shall be purchased. Pursuant to § 205(d) of the Federal Power Act (act), 16 U.S.C.A. § 824d, PG&E filed this contract with the Federal Power Commission.

On February 2, 1953, without Sierra’s consent, PG&E filed with the Commission a schedule of higher rates purportedly superseding the schedule set out in the contract.

Sierra intervened before the Commission. It urged that § 205 of the act, which…