U.S. Court of Appeals for the Fifth Circuit, 1976

Shell Oil Co. v. Federal Power Commission

Shell Oil Co. v. Federal Power Commission
U.S. Court of Appeals for the Fifth Circuit · Decided January 14, 1976 · Bell, Clark, Roney
525 F.2d 1261 (Federal Reporter, Second Series)

Shell Oil Co. v. Federal Power Commission

Opinion of the Court

PER CURIAM:

In its petition for rehearing, Rodman Corporation and others request us to reconsider our decision “to provide that the FPC (i) include a component for federal incomes taxes liability in the nationwide rate, (ii) eliminate the deduction of federal income tax credits from the nationwide average rate, or (iii) make ‘crystal clear’ that a de novo review of federal income tax in the current biennial review proceeding in FPC Docket No. RM 75-14 is permissible.”

We agree that our decision should in no way be construed to foreclose a de novo review of federal income tax in the current biennial review proceeding in FPC Docket No. RM 75-14.

It is ordered that the petitions for rehearing filed in the above entitled and numbered cause be and the same are hereby denied.

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