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

No. 15461.

287 F.2d 146 (1960)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Texas Gas Exploration Corporation et al., Kilroy Properties, Inc., et al., Bel Oil Corporation, Richardson & Bass (Louisiana Account) Operator, Texas Eastern Transmission Corporation, Hope Natural Gas Company, Texas Gas Transmission Corporation, The California Company, Mississippi River Fuel Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided December 8, 1960.


Attorney(s) appearing for the Case

Mr. Kent H. Brown, Albany, N. Y., with whom Mrs. Barbara M. Suchow, New York City, was 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 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. Oliver L. Stone, New York City, with whom Mr. John H. Pickering, Washington, D. C., was on the brief for Shell Oil Co., argued on behalf of Shell Oil Co. and certain other intervenors.

Mr. Norman A. Flaningan, Washington, D. C., with whom Mr. Melvin Richter, Washington, D. C., was on the brief, for Hope Nat. Gas Co., argued on behalf of Hope Nat. Gas Co. and certain other intervenors.

Messrs. Christopher T. Boland, and Thomas F. Brosnan, Washington, D. C., and Daniel K. O'Connell, Owensboro, Ky., were on the brief for intervenor Texas Gas Transmission Corp. Mr. Walter E. Gallagher, Washington, D. C., also entered an appearance for intervenor Texas Gas Transmission Corp.

Messrs. Martin L. Friedman and Keith M. Pyburn, Washington, D. C., were on the brief for Texas Eastern Transmission Corp.

Mr. Thomas F. Ryan, Jr., Washington, D. C., was on the brief for intervenor Texas Gas Exploration Corp.

Messrs. Richard P. Loftus, New York City, and Eugene F. Sikorovsky, Scarsdale, N. Y., were on the brief for intervenor J. Ray McDermott & Co., Inc.

Mr. Robert E. May, Washington, D. C., was on the brief for intervenors Callery Properties, Inc., Amerada Petroleum Corp. and Caroline Hunt Sands and Loyd B. Sands. Mr. Richard F. Generelly, Washington, D. C., also entered an appearance for intervenors Callery Properties, Inc., Amerada Petroleum Corp. and Caroline Hunt Sands and Loyd B. Sands.

Messrs. Rayburn L. Foster, Bartlesville, Okl., and Charles E. McGee, Washington, D. C., were on the brief for intervenor Phillips Petroleum Co.

Mr. John H. Pickering, Washington, D. C., was on the brief for intervenors Ocean Drilling & Exploration Co., Humble Oil & Refining Co., Beck Oil Co. and others, Tidewater Oil Co. and Continental Oil Co.

Mr. William Amory Underhill, Washington, D. C., was on the brief for intervenor Kerr-McGee Oil Industries, Inc.

Mr. William P. McClure, Washington, D. C., was on the brief for intervenor Socony Mobil Oil Co., Inc.

Messrs. George D. Horning, Jr., and John J. Curtin, Jr., Washington, D. C., were on the brief for intervenor Union Oil Co. of California.

Messrs. William J. Grove and Carroll L. Gilliam, Washington, D. C., were on the brief for intervenor Pan American Petroleum Corp.

Messrs. Justin R. Wolf and Charles A. Case, Jr., Washington, D. C., were on the brief for intervenor The California Co. Mrs. Louise C. Powell, Washington, D. C., also entered an appearance for intervenor The California Co.

Mr. Thomas Fletcher, Houston, Tex., was on the brief for intervenors Kilroy Properties, Inc., et al., Bel Oil Corp., and Richardson & Bass Operator. Mr. John H. Pickering, Washington, D. C., also entered an appearance for intervenors Kilroy Properties, Inc., et al., Bel Oil Corp. and Richardson & Bass Operator.

Mr. W. Russell Gorman, Washington, D. C., was on the brief for intervenor Mississippi River Fuel Corp.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


WASHINGTON, Circuit Judge.

This case arises upon a petition to review an order of the Federal Power Commission granting unconditional certificates to certain producers of natural gas to make new sales at initial prices in excess of 23 cents per Mcf, upon the authority of Section 7 of the Natural Gas Act, 52 Stat. 824 (1938), as amended, 15 U.S.C.A. § 717f. The primary question before us is whether the action of the Commission in this case is consistent with the...

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