MICHIGAN CONSOLIDATED GAS CO. v. FEDERAL POWER COM'N

Nos. 14975-14977, 15061, 15065, 15070, 15073, 15074, 15077, 15093, 15144.

283 F.2d 204 (1960)

MICHIGAN CONSOLIDATED GAS COMPANY, a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Michigan Gas Utilities Company et al., Central Illinois Light Company, Michigan Gas Storage Company, City of Indianapolis, Indiana, Northern Indiana Fuel & Light Co., Southeastern Michigan Gas Co., Citizens Gas Fuel Company, Missouri Power & Light Company, Missouri Public Service Company, Central Illinois Public Service Company, Illinois Power Company, Illinois Commerce Commission, Missouri Public Service Commission, Public Service Commission of Indiana, Indiana Gas & Water Company, Inc., Intervenors. MICHIGAN WISCONSIN PIPE LINE COMPANY, a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Missouri Public Service Company, Central Illinois Public Service Company, Intervenors. AMERICAN LOUISIANA PIPE LINE COMPANY, a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Missouri Public Service Company, Central Illinois Public Service Company, Intervenors. COUNTY OF WAYNE, MICHIGAN, a municipal corporation and body politic, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. MILWAUKEE GAS LIGHT COMPANY, a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. WISCONSIN FUEL AND LIGHT COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. NATURAL GAS DISTRIBUTORS, INC., a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. STATE OF WISCONSIN and Public Service Commission of Wisconsin, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. CITY OF DETROIT, MICH., a municipal corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Panhandle Eastern Pipe Line Company, Intervenor. WISCONSIN PUBLIC SERVICE CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Intervenor. MICHIGAN CONSOLIDATED GAS COMPANY, a corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company, Central Illinois Light Company, Michigan Gas Utilities Company, Battle Creek Gas Company, Michigan Gas Storage Company, Missouri Power & Light Company, Missouri Public Service Company, Illinois Power Company, Illinois Commerce Commission, Missouri Public Service Commission, Indiana Gas & Water Company, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 29, 1960.

Petitions for Rehearing Denied July 11, 1960.


Attorney(s) appearing for the Case

Mr. Charles V. Shannon, Washington, D. C., with whom Messrs. Stanley M. Morley and Richard F. Generelly, Washington, D. C., were on the brief, for petitioners in Nos. 14975, 14976, 14977, and 15144, argued for all petitioners.

Mr. Leonard Simons, Detroit, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of Court, with whom Mr. Mitchell J. Cooper, Washington, D. C., was on the brief, for petitioner in No. 15061.

Mr. Glen H. Bell, Madison, Wis., with whom Messrs. Charles P. Seibold, Madison, Wis., and George Bunn, Washington, D. C., were on the brief, for petitioners in No. 15070.

Mr. William E. Torkelson, Madison, Wis., for petitioners in No. 15074.

Mr. J. Parker Connor, Washington, D. C., with whom Messrs. Charles S. Rhyne and Lenox G. Cooper, Washington, D. C., were on the brief, for petitioner in No. 15077.

Mr. Seymour Tabin, Chicago, Ill., with whom Mr. Julius Tabin, Chicago, Ill., was on the brief, for petitioner in No. 15093.

Mr. Robert L. Russell, Asst. Gen. Council, Federal Power Commission, with whom Messrs. Willard W. Gatchell, General Counsel, Federal Power Commission, and Howard E. Wahrenbrock, Solicitor, Federal Power Commission, were on the brief, for respondent.

Mr. Raymond N. Shibley, Washington, D. C., with whom Mr. Richard P. Taylor, Washington, D. C., was on the brief, for intervenor Panhandle Eastern Pipe Line Company.

Mr. J. W. McAuliffe, Detroit, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of Court, with whom Mr. Thomas J. Lynch, Washington, D. C., was on the brief, for intervenors Battle Creek Gas Company, Michigan Gas Utilities Company, Northern Indiana Fuel & Light Company, and Southeastern Michigan Gas Company in No. 14975.

Mr. Patrick J. Smith, Indianapolis, Ind., of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of Court, with whom Mr. John H. Pratt, Washington, D. C., was on the brief, for intervenor City of Indianapolis, Indiana in No. 14975.

Mr. H. R. Begley, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Mr. Earle W. Wallick, Washington, D. C., was on the brief, for intervenor Illinois Commerce Commission in Nos. 14975 and 15144.

Messrs. Vernon A. Swanson, Milwaukee, Wis., and George P. Lamb, Washington, D. C., were on the brief for petitioner in No. 15065.

Mr. John Wattawa, Washington, D. C., was on the brief for petitioner in No. 15073.

Mr. John T. Miller, Jr., Washington, D. C., was on the brief for intervenor Citizens Gas Fuel Company in No. 14975.

Mr. Bradford Ross, Washington, D. C., entered an appearance for intervenor Central Illinois Light Company in Nos. 14975 and 15144.

Mr. Edwin Robbins and Lawrence A. Baker, New York City, entered appearances for intervenor Michigan Gas Storage Company in Nos. 14975 and 15144.

Mr. Robert E. Losch, Washington, D. C., entered an appearance for intervenor Missouri Power & Light Company in Nos. 14975 and 15144.

Messrs. Charles E. McGee and Francis H. Caskin, Washington, D. C., entered appearances for intervenor Missouri Public Service Company in Nos. 14975, 14976, 14977 and 15144.

Mr. Moultrie Hitt, Washington, D. C., entered an appearance for intervenor Central Illinois Public Service Company in Nos. 14975, 14976 and 14977.

Mr. James D. Williams, Jr., Washington, D. C., entered an appearance for intervenor Illinois Power Company in Nos. 14975 and 15144.

Mr. Thomas J. Downey, Jefferson City, Mo., entered an appearance for intervenor Missouri Public Service Commission in Nos. 14975 and 15144.

Messrs. Donald E. VanKoughnet and Joseph H. Lesh, Washington, D. C., entered appearances for intervenor Public Service Commission of Indiana in No. 14975.

Mr. A. L. Wheeler, Washington, D. C., entered an appearance for intervenor Indiana Gas & Water Company, Inc., in Nos. 14975 and 15144.

Before BAZELON, WASHINGTON and BURGER, Circuit Judges.


BAZELON, Circuit Judge.

This proceeding is another encounter in a long running battle between Panhandle Eastern Pipe Line Company ("Panhandle") and American Natural Gas Company ("American Natural") the dominant corporations in two of the largest natural gas systems serving the Midwest.1 Their difficulties arose shortly after Panhandle and American Natural's subsidiary, Michigan Consolidated Gas Company ("Michigan Consolidated") entered...

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