American Smelting & Refining Co. v. Federal Power Commission

FAHY, Senior Circuit Judge

(concurring) :

I concur except with respect to the scope of the remand. Upon my study of the record I conclude that the court should not disturb the Commission’s interim plan regarding those parts thereof designated as follows in the court’s opinion: (B) Withdrawals from Storage, (E) Volumetric Limits, and (F) Penalties. I would not require further consideration of these three subjects. In all other respects I concur in Judge Tamm’s opinion for the court.