MINNEAPOLIS GAS COMPANY v. FEDERAL POWER COMMISSION

No. 15433.

278 F.2d 870 (1960)

MINNEAPOLIS GAS COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, City of Duluth, Minnesota, Superior Water, Light and Power Company, Minnesota Valley Natural Gas Company, Northern Natural Gas Company, Iowa Public Service Company, Iowa Power and Light Company, Northwestern Public Service Company, State of Minnesota, Willmar Gas Company, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided May 13, 1960.

Petition for Rehearing Denied June 10, 1960.

As Amended August 19, 1960.


Attorney(s) appearing for the Case

Mr. George C. Mastor, Minneapolis, Minn., with whom Messrs. P. L. Farnand, Minneapolis, Minn., and George C. Pardee, Omaha, Neb., were on the brief, for petitioners.

Mr. Richard C. Steffey, Atty., Federal Power Commission, of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of court, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, Howard E. Wahrenbrock, Solicitor, Federal Power Commission, and Robert L. Russell, Asst. Gen. Counsel, Federal Power Commission, were on the brief, for respondent.

Mr. Justin R. Wolf, Washington, D. C., with whom Mr. Charles A. Case, Jr., and Mrs. Louise C. Powell, Washington, D. C., were on the brief for intervenor Northern Natural Gas Co., argued for all intervenors except City of Duluth and Superior Water, Light and Power Co.

Mr. Harold J. Soderberg, Minneapolis, Minn., was on the brief for intervenor State of Minnesota.

Messrs. John W. Scott and Louis L. Da Pra, Washington, D. C., were on the brief for intervenor Minnesota Valley Natural Gas Co.

Mr. Robert S. Hunt, Chicago, Ill., was on the brief for intervenors Iowa Public Service Co., Iowa Power and Light Co., and Northwestern Public Service Co.

Mr. Bryce Rea, Jr., Washington, D. C., was on the brief for intervenor Willmar Gas Co.

Messrs. Glen H. Bell and Charles P. Seibold, Madison, Wis., entered appearances for intervenors City of Duluth, Minn., and Superior Water, Light and Power Co.

Before EDGERTON, DANAHER, and BURGER, Circuit Judges.


EDGERTON, Circuit Judge.

Petitioners seek review of the Federal Power Commission's opinion and order of July 31, 1959, and its order of September 18, 1959, granting certificates of public convenience and necessity under § 7(c) of the Natural Gas Act, 52 Stat. 825, as amended, 15 U.S.C.A. 717f(c). The orders authorize Northern Natural Gas Company to extend its pipelines and bring natural gas service to more than 300 communities in Nebraska, South Dakota, Iowa...

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