Nevada Power Company v. Federal Power Commission

Nevada Power Company (Nevada Power) seeks review of three orders of the Federal Energy Regulatory Commission regarding proposed rate increases. We affirm.

I. Statement of Facts

Nevada Power sells electric power and energy to California-Pacific Utilities Company (Cal-Pac) for resale at Henderson, Nevada, and Needles, California. The Commission regulates such sales under the Federal Power Act (FPA), 16 U.S.C. § 791a. Nevada Power’s sales to Cal-Pac constitute about 2 to 3% of Nevada Power’s total electric sales. The remaining sales consist of retail service within Nevada and are subject to regulation by the Nevada Public Service Commission, an agency of the State of Nevada. In 1974 and 1975 Nevada Power made three requests for rate increases which led to the instant appeals.

A. No. 76-3298

In April of 1974, Nevada Power applied to the Commission for an increase in rates and charges to Cal-Pac in the annual amount of $445,000. Nevada Power proposed that the increase be effective from June 1,1974. The Commission accepted for filing Nevada Power’s proposed rate increase, suspending its effective date for five months (the maximum period allowed by the FPA), after which time the rate…