Fed. Power Comm'n v. Sierra Pac. Power Co., 350 U.S. 348 (1956). · Go Syfert
Fed. Power Comm'n v. Sierra Pac. Power Co., 350 U.S. 348 (1956). Cases Citing This Book View Copy Cite
“t is clear that a contract may not be said to be either 'unjust' or 'unreasonable' simply because it is unprofitable to the public utility.”
1,031 citation events (284 in the last 25 years) across 58 distinct courts.
Strongest positive: In re: FirstEnergy Solutions Corp. (ca6, 2019-12-12)
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discussed Cited as authority (verbatim quote) In re: FirstEnergy Solutions Corp. (2×) also: Cited "see"
6th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
t is clear that a contract may not be said to be either 'unjust' or 'unreasonable' simply because it is unprofitable to the public utility.
examined Cited as authority (verbatim quote) Verizon Communications Inc. v. Federal Communications Commission (4×) also: Cited "see"
SCOTUS · 2002 · quote attribution · 2 verbatim quotes · confidence high
its improvident bargain
discussed Cited as authority (rule) Appalachian Power Company v. FERC
4th Cir. · 2025 · confidence medium
Power Co., 350 U.S. 348, 355 (1956)) and (“the canon expressio unius est exclusio alterius [the expression of one thing is the exclusion of the other]” applies only where items are of an associated group or series) (quoting Barnhart v. Peabody Coal Co., 537 U.S. 149, 168 (2003))).
cited Cited as authority (rule) Citadel FNGE Ltd. v. FERC
D.C. Cir. · 2023 · confidence medium
Power Co., 350 U.S. 348, 355 (1956)).
discussed Cited as authority (rule) Gulfport Energy Corporation v. FERC
5th Cir. · 2022 · confidence medium
Power Co., 350 U.S. 348, 353 (1956)). 3 Case: 21-60017 Document: 00516398943 Page: 4 Date Filed: 07/19/2022 No. 21-60017 No. 21-60200 contract; it breaches that contract, id. at 519, giving the debtor’s counterparty a damages claim for the value of the debtor’s continued performance, id. at 520.
discussed Cited as authority (rule) FERC v. Ultra Resources, Incorporated (2×)
5th Cir. · 2022 · confidence medium
Gas Co. v. Hall, 453 U.S. 571 , 577 n.7 (1981) (quoting FPC v. Sierra Pacific Power Co., 350 U.S. 348, 353 (1956)).
cited Cited as authority (rule) International Transmission Company v. FERC
D.C. Cir. · 2021 · confidence medium
Power, 350 U.S. 348, 353 (1956) (describing this finding as a “condition precedent” to FERC’s § 206 authority).
cited Cited as authority (rule) CDA Dairy Queen, Inc. v. State Insurance Fund
Idaho · 2013 · confidence medium
Power Co., 350 U.S. 348, 355 (1956)).
discussed Cited as authority (rule) NRG Power Marketing, LLC v. Maine Public Utilities Commission (2×)
SCOTUS · 2010 · confidence medium
As the Court recognized in Morgan Stanley, one conse quence of applying Mobile-Sierra is that “ ‘the sole concern of the Commission’ ” is the public interest, and FERC cannot consider, for example, whether a rate guarantees a sufficient rate of return to a regulated entity. 554 U. S., at ___ (slip op., at 4) (quoting FPC v. Sierra Pacific Power Co., 350 U. S. 348, 355 (1956)); see also Morgan Stanley, 554 U. S., at ___ (slip op., at 17, n. 3).
examined Cited as authority (rule) Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty. (6×) also: Cited "see"
SCOTUS · 2008 · confidence medium
In FPC v. Sierra Pacific Power Co., 350 U. S. 348, 352-353 (1956), we applied the holding of Mobile to the analogous provisions of the FPA, concluding that the complaining utility could not supersede a contract rate simply by filing a new tariff.
examined Cited as authority (rule) Boston Edison Co. v. Federal Energy Regulatory Commission (4×) also: Cited "see"
1st Cir. · 2000 · confidence medium
In so doing, the ALJ rejected Boston Edison's argument that, under the so-called Mobile-Sierra doctrine, the agency could modify the contractual rates only if they "adversely affect the public interest," Federal Power Comm'n v. Sierra Pacific Power Co., 350 U.S. 348, 355 (1956); accord United Gas Pipe Line Co. v. Mobile Gas Serv.
cited Cited as authority (rule) Norwood, MA v. FERC
1st Cir. · 2000 · confidence medium
FPC v. Sierra Pacific Power co., 350 U.S. 348, 353-55 (1956); United Gas Pipe Line v. Mobile Gas Serv.
discussed Cited as authority (rule) Northeast Utilities v. FERC
1st Cir. · 1995 · confidence medium
Id. at 355 (citation omitted) (emphasis added). ___ The holding of Sierra is clear; what justifies ______ protective action in the public interest by the Commission when it is considering whether a contract rate is too low is __________________________________________________________ where the rate might impair the financial ability of the utility to continue to supply electricity, force electricity consumers to bear an excessive burden, or be unduly discriminatory.
cited Cited as authority (rule) Mobil Oil Exploration & Producing Southeast, Inc. v. United Distribution Cos.
SCOTUS · 1991 · confidence medium
Corp., 350 U. S. 332, 343 (1956); FPC v. Sierra Pacific Power Co., 350 U. S. 348, 353 (1956); FPC v. Texaco Inc., 417 U. S. 380, 397 (1974).
discussed Cited as authority (rule) Cities of Campbell and Thayer, Missouri v. Federal Energy Regulatory Commission, Arkansas Power & Light Company, Intervenor
D.C. Cir. · 1985 · confidence medium
The contract language in Louisiana unambiguously contemplates the Commission’s taking action before a rate increase takes effect: the contract says that amendments may take place “as a result of ... a valid applicable order of any governmental authority.” This is, moreover, the approach taken by the Supreme Court in the landmark case FPC v. Sierra Pacific Power Co., supra, 350 U.S. at 350, 76 S.Ct at 369 .
cited Cited as authority (rule) Kansas Cities v. Federal Energy Regulatory Commission, Kansas Gas and Electric Company, Intervenor
D.C. Cir. · 1983 · confidence medium
FPC v. Sierra Pacific Power Co., supra, 350 U.S. at 350, 76 S.Ct. at 369 ; see FPC v. Conway Corp., supra, 426 U.S. at 281 , 96 S.Ct. at 2005 .
discussed Cited as authority (rule) Attorney General v. Department of Public Utilities (2×)
Mass. · 1983 · confidence medium
Power Co., 350 U.S. 348, 354-355 (1956); Missouri ex rel.
discussed Cited as authority (rule) Eastern Edison Co. v. Department of Public Utilities
Mass. · 1983 · confidence medium
Power Co., 350 U.S. 348, 353 (1956). 5 See note 3, supra. 6 We note that it has been represented to us, apparently without dispute, that, if the FERC ultimately disallows all or a portion of Montaup’s rates based on its Pilgrim II losses, Eastern Edison will refund to its customers all charges which were attributable to Montaup’s disallowed rate.
discussed Cited as authority (rule) The Village of Winnetka, Illinois v. Federal Energy Regulatory Commission, City of Rochelle, Illinois, Commonwealth Edison Company, Intervenors (2×)
D.C. Cir. · 1982 · confidence medium
Power Co., 350 U.S. 348, 350-51, 353 , 76 S.Ct. 368, 369-70, 371 , 100 L.Ed. 388 (1956), also does not define “practice.” 9 .
discussed Cited as authority (rule) United States Court of Appeals, Sixth Circuit
6th Cir. · 1981 · signal: cf. · confidence medium
Cf. FPC v. Sierra Pacific Power Co., 350 U.S. 348, 355 ( 76 S.Ct. 368, 372 , 100 L.Ed. 388 ) (1956). 141 The Commission intends shortly to institute a rulemaking that will propose several specific substantive and procedural requirements for contract rates and will propose to define more precisely the types of circumstances that might warrant Commission approval of a rate change that departs from the one agreed to in a valid contract.
cited Cited as authority (rule) Cleveland-Cliffs Iron Co. v. Interstate Commerce Commission
6th Cir. · 1981 · signal: cf. · confidence medium
Cf. FPC v. Sierra Pacific Power Co., 350 U.S. 348, 355 [ 76 S.Ct. 368, 372 , 100 L.Ed. 388 ] (1956).
examined Cited as authority (rule) Arkansas Louisiana Gas Co. v. Hall (4×)
SCOTUS · 1981 · confidence medium
See, e. g., FPC v. Tennessee Gas Co., 371 U. S. 145, 152-153 (1962); FPC v. Sierra Pacific Power Co., 350 U. S. 348, 353 (1956).
discussed Cited as authority (rule) Louisiana Power & Light Company v. Federal Energy Regulatory Commission
5th Cir. · 1979 · confidence medium
Construing a provision of the Natural Gas Act “substantially identical” to section 205, F. P. C. v. Sierra Pacific Power Co., supra, 350 U.S. at 350, 76 S.Ct. at 370 , the Court in Mobile declared that any rate change pursuant to such a statute is “effected, if at all, not by an order of the Commission but solely by virtue” of a utility’s own action.
discussed Cited as authority (rule) Otter Tail Power Company v. Federal Energy Regulatory Commission
8th Cir. · 1978 · confidence medium
Power Co., 350 U.S. at 353, 76 S.Ct. 368 29 See City of Cleveland, Ohio v. FPC, 174 U.S.App.D.C. 1, 11 , 525 F.2d 845, 855 (1976) 30 Federal Power Act § 205, 16 U.S.C. § 824d(d) 31 This view is supported by the Commission's regulations. 18 C.F.R. § 35.1 (c) reads in pertinent part: A rate schedule applicable to a transmission or sale of electric energy which proposes to Supersede, supplement, cancel or otherwise change any of the provisions of a rate schedule required to be on file with this Commission (such as providing for other or additional rates, charges, classifications or services, o…
cited Cited as authority (rule) Otter Tail Power Co. v. Federal Energy Regulatory Commission
8th Cir. · 1978 · confidence medium
Power Co., 350 U.S. at 353, 76 S.Ct. 368 . .
discussed Cited as authority (rule) Gulf States Utilities Company v. Federal Power Commission, Southwest Louisiana Electric Membership Corporation, Intervenor (2×)
D.C. Cir. · 1975 · confidence medium
The Commission has the power, under § 206(a), to require a rate change not agreed to by the parties, but its sole concern in such a proceeding is “whether the rate is so low as to adversely affect the public interest ... as distinguished from the private interests of the utilities.” FPC v. Sierra Pacific Power Co., supra, 350 U.S. at 355, 76 S.Ct. at 372 .
discussed Cited as authority (rule) Federal Power Commission v. Texaco Inc.
SCOTUS · 1974 · confidence medium
This is, however, a function of the producers’ contracts, and the Commission has no authority, absent a finding that the existing contract rate “is so low as to have an adverse effect on the public interest,” to permit large producers or pipelines to raise their rates in excess of the maximum authorized in their contracts, FPC v. Sierra Pacific Power Co., 350 U. S. 348, 355 (1956); United Gas Co. v. Mobile Gas Corp., 350 U. S. 332 (1956).
discussed Cited "see" Oklahoma Gas & Electric Co. v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 2016 · signal: see · confidence high
See id. (citing 16 U.S.C. § 824e(a)).
examined Cited "see" Maine Public Utilities Commission v. Federal Energy Regulatory Commission (3×)
D.C. Cir. · 2010 · signal: see · confidence high
See id. at 354-55 , 76 S.Ct. 368 .
discussed Cited "see" NSTAR Electric & Gas Corp. v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 2007 · signal: see · confidence high
See Arkansas Louisiana, 453 U.S. at 577 n. 7, 101 S.Ct. 2925 (quoting FPC v. Sierra Pacific Power Co., 350 U.S. 348, 353 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956)); Consolidated Edison Co. of New York v. FERC, 347 F.3d 964, 969 (D.C.Cir.2003).) We’ve explained the rules as serving the dual purposes of “ensur[ing] rate predictability” for purchasers of regulated electricity and promoting equity among customers by “preventing discriminatory pricing.” Consolidated Edison, 347 F.3d at 969-70 .
cited Cited "see" ME Pub Util Cmsn v. FERC
D.C. Cir. · 2006 · signal: see · confidence high
See Sierra, 350 U.S. at 355, 76 S.Ct. 368 ; see generally David G.
cited Cited "see" Maine Public Utilities Commission v. Federal Energy Regulatory Commission
D.C. Cir. · 2006 · signal: see · confidence high
See Sierra, 350 U.S. at 355, 76 S.Ct. 368 ; see generally David G.
cited Cited "see" Joseph R.. Evanns v. At&T Corporation
9th Cir. · 2000 · signal: see · confidence high
See Sierra, 350 U.S. at 352-53 ; Mobile, 350 U.S. at 343-44 .
discussed Cited "see" Evanns v. AT&T Corp. (2×)
9th Cir. · 2000 · signal: see · confidence high
See Sierra, 350 U.S. at 352-53 , 76 S.Ct. 368 ; Mobile, 350 U.S. at 343-44 , 76 S.Ct. 373 .
examined Cited "see" Texaco Inc. v. Federal Energy Regulatory Commission (4×) also: Cited "see, e.g."
D.C. Cir. · 1998 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348, 354-55 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Serv.
discussed Cited "see" Town Of Boylston v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 1994 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348, 352-55 , 76 S.Ct. 368, 371-73 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332, 344-45 , 76 S.Ct. 373, 380-81 , 100 L.Ed. 373 (1956). 25 Accordingly, the case is remanded to the Commission for further proceedings consistent with this opinion. 26 So ordered. 1 See also Petitioners' Brief at 6.
discussed Cited "see" Town of Boylston v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 1994 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348, 352-55 , 76 S.Ct. 368, 371-73 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332, 344-45 , 76 S.Ct. 373, 380-81 , 100 L.Ed. 373 (1956).
discussed Cited "see" Environmental Action v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 1993 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348, 353 , 76 S.Ct. 368, 371-72 , 100 L.Ed. 388 (1956). 46 The factors bearing on FERC's willingness to accept a certain risk of price discrimination are akin to those supporting its finding that the price ceilings are just and reasonable.
discussed Cited "see" Environmental Action v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 1993 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348, 353 , 76 S.Ct. 368, 371-72 , 100 L.Ed. 388 (1956).
discussed Cited "see" City of Albuquerque v. New Mexico Public Service Commission (2×)
N.M. · 1993 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Serv.
discussed Cited "see" Albuquerque v. NM PUBLIC SERVICE COM'N (2×)
N.M. · 1993 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Serv.
discussed Cited "see" MCI Telecommunications Corp. v. Federal Communications Commission (2×)
D.C. Cir. · 1987 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Service Co., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956).
discussed Cited "see" Mci Telecommunications Corporation v. Federal Communications Commission (2×)
D.C. Cir. · 1987 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Service Co., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956).
discussed Cited "see" cadc 1985 (2×)
D.C. Cir. · 1985 · signal: see · confidence high
See El Paso Natural Gas Co. v. FERC, 677 F.2d 22, 23 (5th Cir.1982) 3 This court has described the Mobile-Sierra doctrine, first articulated by the Supreme Court in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956), and FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956), as "refreshingly simple: ...
discussed Cited "see" Amoco Production Company v. Federal Energy Regulatory Commission, Phillips Petroleum Company, Intervening (2×)
7th Cir. · 1985 · signal: see · confidence high
See Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line v. Mobile Gas Service Corp., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956).
discussed Cited "see" City of Winnfield, Louisiana v. Federal Energy Regulatory Commission, Louisiana Power & Light Company, Intervenor (2×)
D.C. Cir. · 1984 · signal: see · confidence high
Compare 15 U.S.C. §§ 717c(e) & 717d(a) (1982) (natural gas) with 16 U.S.C. §§ 824d(e) & 824e(a)(1982) (electric power); see FPC v. Sierra Pacific Power Co., 350 U.S. 348, 350-51 , 76 S.Ct. 368, 369-70 , 100 L.Ed. 388 (1956); Kansas Cities v. FERC, 723 F.2d 82, 91 (D.C.Cir.1983).
discussed Cited "see" Montana Power Co. v. Edwards (2×)
D. Or. · 1981 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956); and progeny. 5 .
discussed Cited "see" New York State Electric & Gas Corporation v. Federal Energy Regulatory Commission (2×)
2d Cir. · 1980 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., supra, 350 U.S. at 355 , 76 S.Ct. at 372 19 Section 212(c)(1) provides, in part: Before issuing an order under ... subsection (a) or (b) of section 824j of this title, the Commission shall issue a proposed order and set a reasonable time for parties to the proposed ... transmission order to agree to terms and conditions under which such order is to be carried out, including the apportionment of costs between them and the compensation or reimbursement reasonably due to any of them. 1 All of the existing authorities concerning the inability of the Commission …
discussed Cited "see" New York State Electric & Gas Corp. v. Federal Energy Regulatory Commission (2×)
2d Cir. · 1980 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., supra, 350 U.S. at 355 , 76 S.Ct. at 372 . .
discussed Cited "see" Wisconsin Electric Power Co. v. Federal Energy Regulatory Commission (2×)
D.C. Cir. · 1979 · signal: see · confidence high
See FPC v. Sierra Pacific Power Co., 350 U.S. 348 , 76 S.Ct. 368 , 100 L.Ed. 388 (1956); United Gas Pipeline Co. v. Mobile Gas Service Corp., 350 U.S. 332 , 76 S.Ct. 373 , 100 L.Ed. 373 (1956) (utilities surrendered right to seek rate increases); United Gas Pipe Line Co. v. Memphis Light, Gas & Water Division, 358 U.S. 103 , 79 S.Ct. 194 , 3 L.Ed.2d 153 (1958) (utility preserved right to seek rate increases); Richmond Power & Light v. FPC, 156 U.S.App.D.C. 315 , 481 F.2d 490 , cert. denied, 414 U.S. 1068 , 94 S.Ct. 578 , 38 L.Ed.2d 473 (1973) (utility limited contractually its right to seek ra…
Federal Power Commission
v.
Sierra Pacific Power Co.
NO. 51.
Supreme Court of the United States.
May 28, 1956.
350 U.S. 348
Howard E. Wahrenbrock argued the cause for petitioner in No. 51. With him on the brief were Solicitor General SobelojJ, Assistant Attorney General Burger, Melvin Richter, Lionel Kestenbaum, Willard W. Gatchell, William J. Grove and Drexel D. Journey., F. T. Searls argued the cause for petitioner in No. 53. With him on the brief were Robert H. Gerdes, Robert E. May and John C. Morrissey., William C. Chanler argued the cause and filed a brief for respondent.
Harlan.
Cited by 371 opinions  |  Published
Mr-. Justice Harlan

delivered the opinion of the Court.

This case presents questions under Title II of the Federal Power Act, 49 Stat. 847, 16 U. S. C. § 824 et seq., which are in part similar to those we have decided today under the Natural Gas Act in United Gas Pipe Line Co. v. Mobile Gas Service Corp., ante, p. 332.[*350] The pertinent provisions of the Federal Power Act, set forth in the margin, [1] are §§ 205 (c), (d), and (e), and 206 (a), which are substantially identical to §§ 4 (c),[*351] (d), and (e), and 5 (a), respectively, of the Natural Gas Act. [2]

Respondent Sierra Pacific Power Company (Sierra) distributes electricity to consumers in northern Nevada and eastern California. For many years, it has purchased the major part of its electric power from petitioner Pacific Gas and Electric Company (PG&E), a “public utility” subject to regulation under Part II of the Federal Power Act. In 1947 Sierra, faced with increased postwar demands and consumer agitation for cheaper power, began[*352] negotiating for power from other sources, including the Federal Bureau of Reclamation, which at the time had unused capacity at Shasta Dam. To forestall the potential competition, PG&E offered Sierra a 15-year contract for power at a special low rate, which Offer Sierra finally accepted in June 1948. The contract was duly filed with the Federal Power Commission.

Early in 1953, when power from Shasta Dam was no longer available to Sierra, PG&E, without the consent of Sierra, filed with the Commission under § 205 (d) of the Federal Power Act a schedule purporting to increase its rate to Sierra by approximately 28%. The Commission, acting under § 205 (e), suspended the effective date of the new rate until September 6, 1953, and initiated a proceeding to determine its reasonableness. Sierra was permitted to intervene in the proceeding but its motion to reject the filing on the ground that PG&E could not thus unilaterally change the contract was denied. After completion of the hearings, the Commission, by order dated June 17, 1954, reaffirmed its refusal to reject the filing and held the new rate not to be “unjust, unreasonable, unduly discriminatory, or preferential.” 7 P. U. R. 3d 256. On Sierra's petition for review, the Court of Appeals for the District of Columbia, holding that the contract rate could be changed only upon a finding by the Commission that it was unreasonable, set aside the Commission’s order and remanded the case with instructions to the Commission to dismiss the § 205 (e) proceeding, but without prejudice to its instituting a new proceeding under § 206 (a) to determine the reasonableness of the contract rate. 96 U. S. App. D. C. 140, 223 F. 2d 605. We brought the case here because of the importance of the questions involved in the administration of the Federal Power Act. 349 U. S. 937.

The first question before us is whether PG&E’s unilateral filing of the new rate under § 205 (d), and the[*353] approval of the new rate by the Commission under § 205 (e), were effective to supersede PG&E’s contract with Sierra. We think not. As the parties concede, the provisions of the Federal Power Act relevant to this question are in all material respects substantially identical to the equivalent provisions of the Natural Gas Act. In United Gas Pipe Line Co. v. Mobile Gas Service Corp., supra, decided today, we construed the Natural Gas Act as not authorizing unilateral contract changes, and that interpretation is equally applicable to the Federal Power Act. Accordingly, for the reasons there given, we conclude that neither PG&E’s filing of the new rate nor the Commission’s finding that the new rate was not unlawful was effective to change PG&E’s contract with Sierra.

This case, however, raises a further question not present in the Mobile case. The Commission has undoubted power under § 206 (a) to prescribe a change in contract rates whenever it determines such rates to be unlawful. While this power is limited to prescribing the rate “to be thereafter observed” and thus can effect no change prior to the date of the order, the Commission’s order here, if based on the necessary findings, could have been effective to prescribe the proposed rate as the rate to be in effect prospectively from the date of the order, June 17, 1954. If the proceedings here satisfied in substance the requirements of § 206 (a), it would seem immaterial that the investigation was begun as one into the reasonableness of the proposed rate rather than the existing contract rate.

The condition precedent to the Commission’s exercise of its power under § 206 (a) is a finding that the existing rate is “unjust, unreasonable, unduly discriminatory or preferential.” Petitioners contend that the Commission did in fact make such a finding. It was stipulated in the proceedings before the Commission that 5.5% was normally a reasonable rate of return for PG&E’s operations,[*354] that the contract rate would produce a 2.6% rate of return, and that the proposed rate would produce a 4.75% rate of return. The Commission concluded that the proposed rate was not unreasonably high because it provided no more than a fair return and was not unreasonably low because the 0.75% deficiency of its yield from the stipulated reasonable rate of return was not being made up on other sales and was justified in order to retain business the loss of which by PG&E would result in idle facilities. It also concluded that the proposed rate was not unduly discriminatory or preferential, despite substantial differences between it and the rates being charged other customers. While no further findings were necessary in view of the Commission’s interpretation of the Act as permitting unilateral contract changes, the Commission went on to say:

“However, we may point out that if a finding on the lawfulness of the 1948 contract rate were necessary or appropriate, on the record before us that finding would have to be that the 1948 rate is unreasonably low and therefore unlawful. For none of the evidence in this record warrants a finding that any rate would be reasonable that would produce a return of substantially less than the 4.75% resulting from the proposed rate, which is the minimum PG&E is willing to accept.”

It is contended that by this statement the Commission in substance found that the existing contract rate was “unreasonable” and fixed the proposed rate as “the just and reasonable rate,” thereby satisfying the requirements of §206 (a).

But even accepting this statement as a finding of unreasonableness of the contract rate, the Commission’s conclusion appears on its face to be based on an erroneous standard. In short, the Commission holds that the[*355] contract rate is unreasonable solely because it yields less than a fair return on the net invested capital. But, while it may be that the Commission may not normally impose upon a public utility a rate which would produce less than a fair return, it does not follow that the public utility may not itself agree by contract to a rate affording less than a fair return or that, if it does so, it is entitled to be relieved of its improvident bargain. Cf. Arkansas Natural Gas Co. v. Railroad Comm’n, 261 U. S. 379. In such circumstances the sole concern of the Commission would seem to be whether the rate is so low as to adversely affect the public interest — as where it might impair the financial ability of the public utility to continue its service, cast upon other consumers an excessive burden, or be unduly discriminatory. That the purpose of the power given the Commission by § 206 (a) is the protection of the public interest, as distinguished from the private interests of the utilities, is evidenced by the recital in § 201 of the Act that the scheme of regulation imposed “is necessary in the public interest.” When § 206 (a) is read in the light of this purpose, it is clear that a contract may not be said to be either “unjust” or “unreasonable” simply because it is unprofitable to the public utility.

Whether under the facts of this case the contract rate is so low as to have an adverse effect on the public interest is of course a question to be determined in the first instance by the Commission. We shall therefore affirm the order of the Court of Appeals, with instructions to remand the case to the Federal Power Commission for such further proceedings, not inconsistent with this opinion, as the Commission may deem desirable.

It is so ordered.

1

“Sec. 205. . . . (c) Under such rules and regulations as the Commission may prescribe, every public utility shall file with the Commission, within such time and in such form as the Commission may designate, and shall keep open in convenient form and place for public inspection schedules showing all rates and charges for any transmission or sale subject to the jurisdiction of the Commission, and the classifications, practices, and regulations affecting such rates and charges, together with all contracts which in any manner affect or relate to such rates, charges, classifications, and services.

“(d) Unless the Commission otherwise orders, no change shall be made by any public utility in any such rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, except after thirty days’ notice to the Commission and to the public. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the thirty days’ notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published.

“(e) Whenever any such new schedule is filed the Commission shall have authority, either upon complaint or upon its own initiative without complaint, at once, and, if it so orders, without answer or formal pleading by the public utility, but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service; and, pending such hearing and the decision thereon, the Commission, upon filing with such schedules and delivering to the public utility affected thereby a statement in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after full hearings, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders with reference thereto as would be proper in a proceeding initiated after it had become effective. If the proceeding has not been concluded[*351] and an order made at the expiration of such five months, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in case of a proposed increased rate or charge, the Commission may by order require the interested public utility or public utilities to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts are paid, and upon completion of the hearing and decision may by further order require such public utility or public utilities to refund, with interest, to the persons in whose behalf such amounts were paid, such portion of such increased rates or charges as by its decision shall be found not justified. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the public utility, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possible.” 49 Stat. 851-852,16 U. S. C. § 824d.

“Sec, 206. (a) Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that any rate, charge, or classification, demanded, observed, charged, or collected by any public utility for any transmission or sale subject to the jurisdiction of the Commission, or that any rule, regulation, practice, or contract affecting such rate, charge, or classification is unjust, unreasonable, unduly discriminatory or preferential, the Commission shall determine the just and reasonable rate, charge, classification, rule, regulation, practice, or contract to be thereafter observed and in force, and shall fix the same by order.” 49 Stat. 852, 16 U. S. C. § 824e.

2

Set forth as footnote 1 to the opinion in the Mobile case, ante, p. 334.