PUBLIC SERV. COM'N OF NEW YORK v. FEDERAL POWER COM'N

No. 15412.

287 F.2d 143 (1960)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1960.

Petition for Rehearing Denied January 13, 1961.


Attorney(s) appearing for the Case

Mr. Kent H. Brown, Albany, N. Y., with whom Mrs. Barbara M. Suchow, New York City, and Mr. George H. Kenny, Albany, N. Y., were on the brief, for petitioner.

Mr. David J. Bardin, Atty., F. P. C., with whom Messrs. Willard W. Gatchell, Gen. Counsel, F. P. C., at the time the brief was filed, Howard E. Wahrenbrock, Sol., F. P. C., and Robert L. Russell, Asst. Gen. Counsel, F. P. C., were on the brief, for respondent. Mr. John C. Mason, Gen. Counsel, F. P. C., also entered an appearance for respondent.

Mr. William D. Deakins, Jr., Houston, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of the Court, with whom Mr. Martin L. Friedman, Washington, D. C., was on the brief, for intervenor.

Before EDGERTON, WASHINGTON and BASTIAN, Circuit Judges.


WASHINGTON, Circuit Judge.

This is a natural gas case. It arises upon petition to review an order of the Federal Power Commission granting to Texas Eastern Transmission Corporation, a pipeline company, an unconditional certificate of public convenience and necessity to expand its pipeline facilities, under Section 7 of the Natural Gas Act.1

On February 1, 1957, Texas Eastern executed gas purchase contracts with four producer-sellers...

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