OHIO FUEL GAS COMPANY v. FEDERAL POWER COMMISSION

No. 16112.

296 F.2d 594 (1961)

OHIO FUEL GAS COMPANY and The Manufacturers Light and Heat Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent. Texas Eastern Transmission Corp., Consolidated Edison Company of New York, Inc., The Brooklyn Union Gas Company and Long Island Lighting Company, Boston Gas Company, et al., Algonquin Gas Transmission Company, Public Service Electric & Gas Company, Philadelphia Electric Company, The United Gas Improvement Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1961.


Attorney(s) appearing for the Case

Mr. William C. Hart, New York City, with whom Mr. Richard A. Rosan, New York City, was on the brief, for petitioners.

Mr. Milton J. Grossman, Atty., Federal Power Commission, with whom Messrs. John C. Mason, Gen. Counsel, Federal Power Commission, Howard E. Wahrenbrock, Solicitor, Federal Power Commission, Robert L. Russell, Asst. Gen. Counsel, Federal Power Commission, and Peter H. Schiff, Atty., Federal Power Commission, were on the brief, 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 court, with whom Messrs. Martin L. Friedman and Keith M. Pyburn, Washington, D. C., were on the brief for intervenor Texas Eastern Transmission Corp.

Mr. Halcyon Skinner, New York City, of the bar of the Court of Appeals of New York, pro hac vice, for intervenor Consolidated Edison Co. of New York, Inc., and certain other intervenors. Messrs. Randall J. LeBoeuf, Jr., New York City, Robert B. Lisle, Brooklyn, David K. Kadane, Mineola, John W. Glendening, Jr., New York City, Charles E. McGee, William R. Duff, Eugene J. Bradley, and J. David Mann, Washington, D. C., were on the brief for intervenor Consolidated Edison Co., of New York, Inc., and certain other intervenors. Mr. James R. Lacey, Newark, N. J., also entered an appearance for intervenor Public Service Electric & Gas Co. Messrs. W. W. Ross and J. E. Holtzinger, Washington, D. C., also entered appearances for intervenor United Gas Improvement Co.

Before EDGERTON, WASHINGTON and BURGER, Circuit Judges.


PER CURIAM.

A Federal Power Commission order of September 1, 1960 authorizes Texas Eastern Transmission Company to construct new facilities and to provide during the winter months a new type of natural gas service known as Winter Service. Petitioners, customers of Texas Eastern, sell natural gas directly or indirectly to consumers in Ohio, West Virginia, Pennsylvania, Maryland and New York. They bring the order here for review...

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