dissenting.
I think the decision of the majority is incorrect for the reasons given in the opinion of this court in Arkansas Power & Light Co. v. Federal Power Commission, 1946, 81 U.S.App.D.C. 178, 156 F.2d 821. It is true that our decision in that case was reversed by the Supreme Court. Federal Power Commission v. Arkansas Power & Light Co., 1947, 330 U.S. 802, 67 S.Ct. 963, 91 L.Ed. 1261. But it was by a per curiam opinion which read: “Per Curiam. Judgment reversed on the ground that respondent has failed to exhaust its administrative remedies. Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 58 S.Ct. 459, 82 L.Ed. 638; Macauley v. Waterman S. S. Corp., 327 U.S. 540, 66 S.Ct. 712 [90 L.Ed. 839].”
Following that reversal the Arkansas Power & Light Company exhausted its administrative remedies and came ho’-e w’di the same contentions as before. Our former decision as to the merits was not reversed and seems to me to be correct and controlling here.