Securities and Exchange Commission v. New England Electric System (390 U.S. 207)

United States Supreme Court

390 U.S. 207

Securities and Exchange Commission  v.  New England Electric System et al.

Certiorari to the United States Court of Appeals for the First Circuit

No. 305.  Argued: January 18, 1968 --- Decided: March 5, 1968

This Court previously held (384 U.S. 176) that the SEC was warranted in ruling that § 11 (b)(1)(A) of the Public Utility Holding Company Act of 1935 prohibits a public utility holding company from retaining an integrated gas utility system in addition to its integrated electric system unless the gas system could not be operated separately without a loss of economies causing a serious impairment of that system. After remand, the Court of Appeals reviewed the evidence and concluded that the SEC erred in finding that New England Electric System failed to prove a case for retention of its integrated gas system.

Held: Since the SEC's determination that divestiture of the gas system would not entail a loss of economies likely to cause serious impairment of the system involved the application of expert judgment which had adequate support in the record, the Court of Appeals should have affirmed the SEC order and should not have indulged in an unwarranted incursion into the administrative domain. Pp. 211-221.

376 F. 2d 107, reversed and remanded.

Daniel M. Friedman argued the cause for petitioner. With him on the briefs were Solicitor General Griswold, Robert S. Rifkind, Philip A. Loomis, Jr., David Ferber, Roger S. Foster and Richard E. Nathan.

John R. Quarles argued the cause for respondents. With him on the brief were Richard B. Dunn, Richard W. Southgate and John J. Glessner III.

George Spiegel filed a brief for the Municipal Electric Association of Massachusetts, as amicus curiae, urging reversal.

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