PUBLIC SERVICE COM'N OF N. Y. v. FEDERAL POWER COM'N

Nos. 15365, 15366, 15580.

284 F.2d 200 (1960)

PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Tidewater Oil Company, The Superior Oil Company, Union Oil Company of California, Phillips Petroleum Company, Trunkline Gas Company, Nicklos Oil and Gas Company, Consumers Power Company and Michigan Gas Storage Company, Pan American Petroleum Corporation, Michigan Public Service Commission, Intervenors. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Shell Oil Company, South Texas Natural Gas Gathering Company, Intervenors. PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Shell Oil Company, South Texas Natural Gas Gathering Company, Union Producing Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1960.

Petition for Rehearing Denied June 1, 1960.


Attorney(s) appearing for the Case

No. 15365:

Mr. J. P. Hammond, Tulsa, Okl., of the bar of the Supreme Court of Oklahoma, pro hac vice, by special leave of Court, argued the motion to dismiss for Pan American Petroleum Corporation. With him on the motion were Messrs. William J. Grove, Carroll L. Gilliam, Washington, D. C., and John Paul Sullivan, St. Louis, Mo.

Mr. H. W. Varner, Houston, Tex., argued the motion to dismiss for The Superior Oil Company.

Mr. Harry S. Littman, Washington, D. C., argued the motion to dismiss for Trunkline Gas Company. With him on the motion was Mr. Dale A. Wright, Washington, D. C.

Mr. Lawrence A. Baker, New York City, was on the motion of intervenors Consumers Power Company and Michigan Gas Storage Company to dismiss.

Mr. Charles E. McGee, Washington, D. C., was on the motion of intervenor Phillips Petroleum Company to dismiss.

Mr. Thomas Fletcher, Houston, Tex., was on the motion of intervenor Nicklos Gas and Oil Company to dismiss.

Mr. Kent H. Brown, Albany, N. Y., for petitioner argued in opposition to the motions to dismiss.

Mr. David J. Bardin, Attorney, Federal Power Commission, argued for respondent. With him on the answers were Mr. Willard W. Gatchell, General Counsel, and Mr. Howard E. Wahrenbrock, Solicitor, of the Federal Power Commission.

Messrs. George D. Horning, Jr., and George J. Meiburger, Washington, D. C., entered appearances for intervenor Union Oil Company of California.

Mr. Thomas Fletcher, Houston, Tex., entered an appearance for intervenor Tidewater Oil Company.

Mr. James H. Lee, Lansing, Mich., entered an appearance for intervenor Michigan Public Service Commission.

No. 15366:

Mr. David J. Bardin, Attorney, Federal Power Commission, argued the motion to dismiss for respondent. With him on the motion were Mr. Willard W. Gatchell, General Counsel, and Mr. Howard E. Wahrenbrock, Solicitor, of the Federal Power Commission.

Mr. Kent H. Brown, Albany, N. Y., for petitioner argued in opposition to the motion. With him on petitioner's answer was Mr. J. David Mann, Jr., Washington, D. C.

Mr. Bradford Ross, Washington, D. C., entered an appearance for intervenor South Texas Natural Gas Gathering Company.

Mr. John H. Pickering, Washington, D. C., entered an appearance for intervenor Shell Oil Company.

No. 15580:

Mr. Kent H. Brown, Albany, N. Y., for petitioner.

Mr. Willard W. Gatchell, General Counsel, and Mr. Howard E. Wahrenbrock, Solicitor, of the Federal Power Commission, for respondent.

Mr. John H. Pickering, Washington, D. C., entered an appearance for intervenor Shell Oil Company.

Messrs. Bradford Ross, Washington, D. C., and David I. Granger, Washington, D. C., entered appearances for intervenor South Texas Natural Gas Gathering Company.

Mr. C. Huffman Lewis, Shreveport, La., entered an appearance for intervenor Union Producing Company.

Before PRETTYMAN, Chief Judge, and EDGERTON and BURGER, Circuit Judges.


PRETTYMAN, Chief Judge.

These are motions to dismiss two petitions to review orders of the Federal Power Commission, and a motion to consolidate one of the petitions with another, a third, similar petition. Two proceedings before the Federal Power Commission are involved, both concerning applications for certificates of public convenience and necessity under the Natural Gas Act. The Public Service Commission of the State of New York sought intervention in the proceedings...

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