SHELL OIL COMPANY v. FEDERAL POWER COMMISSION

Nos. 14431, 14507, 14506, 14434.

334 F.2d 1002 (1964)

SHELL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Southern California Gas Company and Southern Counties Gas Company of California, El Paso Natural Gas Company, the People of the State of California and the Public Utilities Commission of the State of California, Pacific Gas and Electric Company, Intervenors. The SUPERIOR OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, El Paso Natural Gas Company, Pacific Gas and Electric Company, People of the State of California and the Public Utilities Commission of the State of California, Southern California Gas Company and Southern Counties Gas Company of California, Intervenors. HUNT OIL COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, El Paso Natural Gas Company, Pacific Gas and Electric Company, People of the State of California and the Public Utilities Commission of the State of California, Southern California Gas Company and Southern Counties Gas Company of California, Intervenors. SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Southern California Gas Company and Southern Counties Gas Company of California, El Paso Natural Gas Company, the People of the State of California and the Public Utilities Commission of the State of California, Pacific Gas and Electric Company, Intervenor.

United States Court of Appeals Third Circuit.

Decided July 30, 1964.


Attorney(s) appearing for the Case

Oliver L. Stone, New York City (Thomas G. Johnson, Jr., New York City, on the brief), for Shell Oil Co.

J. Colbert Peurifoy, Dallas, Tex. (John A. Ward, III, Phillip D. Endom, Philadelphia, Pa., Charles F. Heidrick, Dallas, Tex., Robert E. May, Omar L. Crook, Richard F. Generelly, May, Shannon & Morley, Washington, D. C., on the brief), for Sun Oil Co.

Thomas G. Crouch, Dallas, Tex. (Robert W. Henderson, Dallas, Tex., on the brief), for Hunt Oil Co., and others.

H. W. Varner, Houston, Tex. (R. B. Voight, Houston, Tex., on the brief), for The Superior Oil Co.

Howard E. Wahrenbrock, Washington, D. C. (Richard A. Solomon, Gen. Counsel, Leo E. Forquer, Asst. Gen. Counsel, Francis J. Gilmore and Leonard Poryles, on the brief), for respondent Federal Power Commission.

C. Frank Reifsnyder, Washington, D. C. (Allen R. Grambling, Hardie, Grambling, Sims & Galatzan, El Paso, Tex., Hogan & Hartson, George D. Horning, Jr., Patrick G. Sullivan, Washington, D. C., on the brief), for El Paso Natural Gas Co.

John T. Murphy, San Francisco, Cal. (Richard E. Tuttle, Chief Counsel, J. Calvin Simpson, Senior Counsel, San Francisco, Cal., on the brief), for the People of the State of California and the Public Utilities Commission.

Malcolm H. Furbush, San Francisco, Cal. (F. T. Searls, San Francisco, Cal., on the brief), for intervenor-respondent Pacific Gas and Elec. Co.

William L. Cole, Los Angeles, Cal. (J. David Mann, Jr., John E. Holtzinger, Jr., William E. Zeiter, Frederick Moring, Morgan, Lewis & Bockius, Philadelphia, Pa., and Washington, D. C., John Ormasa, Milford Springer, Los Angeles, Cal., on the brief), for Southern California Gas Co. and Southern Counties Gas Co.

William T. Coleman, Jr., Robert W. Maris, Richardson Dilworth, Harold E. Kohn, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., for the Philadelphia Gas Works Division of The United Gas Improvement Co.

Before STALEY, GANEY and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

These cases are before this Court on separate petitions to review an order1 issued by the Commission in consolidated proceedings under the Natural Gas Act, 15 U.S.C.A. § 717 et seq. The parties, in addition to the petitioners and the respondent, are several intervenors, including the El Paso Natural Gas Company. While the petitioners attack the validity of the order on substantially similar grounds...

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