Pacific Power & Light Co. v. Federal Power Commission

This is a motion to dismiss the power and light companies’ petition to review an order of the Federal Power Commission denying them the right to transfer all the property, rights, licenses and assets of Inland Power & Light Company to Pacific Power '& Light Company.

The petitioners pray for our order (1) setting aside the order of the Commission and (2) directing the Commission to make and enter an appropriate order granting’the authority for and approval of the transfer.

The petitioners had applied to the Commission for the order, hearing was had, evidence adduced and findings made in support of an order denying the application. A petition for rehearing was filed by the applicants within thirty days of the order, which was denied. The petition for review of the Board’s order was duly filed in this court. .

Petitioners claim § 203(a) of the Federal Power Act, 16 U.S.C.A. § 824b(a), while making the Commission’s authorization a condition precedent to the consolidating transfer, confers a substantive right to its approval which the Commission “shall” give if petitioners-show that the transfer is “consistent with the public interest.” The Act provides:

Section 203. “(a) No public…