NATIONAL COAL ASS'N v. FEDERAL POWER COM'N

No. 13582.

247 F.2d 86 (1957)

NATIONAL COAL ASSOCIATION, United Mine Workers of America, Fuels Research Council, Inc., Petitioners, v. FEDERAL POWER COMMISSION Respondent, Northern Natural Gas Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1957.


Attorney(s) appearing for the Case

Mr. Arnold Levy, Washington, D. C., with whom Messrs. Tom J. McGrath, Jerome J. McGrath, Jerome H. Simonds, R. E. L. Hall and Welly K. Hopkins, Washington, D. C., were on the brief, for petitioners.

Mr. Robert M. Weston, Atty., Federal Power Commission, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, and Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission, were on the brief, for respondents.

Mr. Charles A. Case, Jr., Washington, D. C., of the bar of the Supreme Court of Kansas, pro hac vice, by special leave of Court, with whom Mr. Justin R. Wolf, Washington, D. C., was on the brief, for intervenor. Mr. Eugene E. Threadgill, Washington, D. C., also entered an appearance for intervenor.

Before PRETTYMAN, WILBUR K. MILLER and BURGER, Circuit Judges.


PER CURIAM.

The petitioning coal interests ask us to set aside an order of the Federal Power Commission which will enable Northern States Power Company to purchase natural gas on an interruptible basis for use as a boiler fuel at its Black Dog Lake electric generating plant in Minnesota. The order in question granted to Northern Natural Gas Company a certificate of convenience and necessity authorizing the extension of its facilities over the short distance between...

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