United States of America Before the Federal Power Commission in the Matter of Arizona Power Authority Project No. 2248, Application for Reconsideration

Document: United States of American Before the Federal Power Commission In the Matter of Arizona Power Authority, Project No. 2248, Application for Reconsideration, September 6, 1963, page 98 Arizona opposed all of these requests, the Commission, by order issued November 2, 1962, granted the Secretary's motion to intervene and request for permission to file exceptions but denied his motion to reopen the record. 28 FPC 769. In his opinion concurring in these Commission actions, Commissioner Ross summarized the foregoing history of this proceeding and pertinently noted (28 FPC at 771): "This Commission has an important obligation to the public to conduct its affairs with all due expedition and has the serious obligation to the State of Arizona and to the other intervenors herein which have proceeded in conformity with our rules and which have persevered over the last four years in the processing of this application. They have a right to our decision in this case as promptly as possible. Assuming the Commission ultimately adopts the Examiner's decision, any unnecessary delay in the determination of this case would effect irreparable injury upon the citizens of Arizona. In this connection, the Examiner's decision shows that $3,410,800 in net benefits would be lost each year the conclusion of this project is delayed, assuming a 4% cost of money. In these circumstances it would be nothing short of unconscionable on our part to reopen the record based upon the shallow motion of the Secretary." Following the filing of the Secretary's Exceptions on November 30, 1962, and Arizona's comprehensive answering brief on January 10, 1963, in which there was answered in detail each of the Secretary's exceptions, a full day of oral argument was held before the Commission on February 15, 1963. At the oral argument the Staff remained firm in its support of Arizona's application. And although the Secretary's Solicitor continued to assert the Secretary's alleged potential need of Marble Canyon in his plans for Colorado River development, he explicitly admitted - as hadEpson Perfection 4870 Photo, 400 dpi, 8 bit, 1,114,245 byte