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ATLANTIC REFINING COMPANY v. FEDERAL POWER COMMISSION

No. 17166.

316 F.2d 677 (1963)

The ATLANTIC REFINING COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Philadelphia Electric Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1963.

Attorney(s) appearing for the Case

Mr. Sherman S. Poland, Washington, D. C., with whom Mr. Bernard A. Foster, Jr., Washington, D. C., was on the brief, for petitioner.

Mr. Howard E. Wahrenbrock, Sol., F. P. C., with whom Messrs. Richard A. Solomon, Gen. Counsel, Robert L. Russell, Asst. Gen. Counsel, and Arthur H. Fribourg, Atty., F. P. C., were on the brief, for respondent.

Mr. Donald Blanken, of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of court, with whom Mr. Eugene J. Bradley, Washington, D. C., was on the brief, for intervenor.

Before FAHY, BASTIAN and WRIGHT, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge.

The Federal Power Commission issued petitioner a certificate of public convenience and necessity authorizing a sale of natural gas conditioned on the reduction of the initial base price under its contract with United Gas Company from 18.5 cents per Mcf1 to 16.5 cents. Petitioner challenges this price condition, alleging it is "out of line" within the meaning of CATCO.2

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