PEOPLE OF STATE OF CALIFORNIA v. FEDERAL POWER COMMISSION

Nos. 19647, 19664.

353 F.2d 16 (1965)

PEOPLE OF the STATE OF CALIFORNIA and Public Utilities Commission of the State of California, Petitioners, v. FEDERAL POWER COMMISSION, Respondent. SOUTHERN CALIFORNIA GAS COMPANY and Southern Counties Gas Company of California, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Ninth Circuit.

November 9, 1965.


Attorney(s) appearing for the Case

Richard E. Tuttle, Chief Counsel, J. Calvin Simpson, Senior Counsel, John T. Murphy, Associate Counsel, San Francisco, Cal., for petitioners State of California and P. U. C. of California.

Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Solicitor, Robert L. Russell, Asst. Gen. Counsel, Leonard Poryles, atty., all with Fed. Power Comm., Washington, D. C., for respondent Federal Power Comm.

Homer J. Penn, Houston, Tex., W. T. Kilbourne, II, Washington, D. C., for intervenor Superior Oil Co.

Oliver L. Stone, Thomas G. Johnson, New York City, for intervenor Shell Oil Co.

Jessee H. Foster, Jr., Albert C. McClain, Houston, Tex., for intervenor Humble Oil & Refining Co.

John Ormasa, Richmond, Cal., K. R. Edsall, Milford Springer, Robert M. Olson, Los Angeles, Cal., J. David Mann, Jr., John E. Holtzinger, Jr., Frederick Moring, Morgan, Lewis & Bockius, Washington, D. C., for petitioners Southern California Gas Co. and Southern Counties Gas Co. of California.

Before MERRILL and DUNIWAY, Circuit Judges, and MATHES, District Judge.


DUNIWAY, Circuit Judge:

This case arises from the grant by the Federal Power Commission of a certificate of public convenience and necessity to certain producers of natural gas, pursuant to section 7(e) of the Natural Gas Act, 15 U.S.C. § 717f(e), which provides in pertinent part:

[A] certificate shall be issued to any qualified applicant therefor * * if it is found that * * * the proposed * * * sale * * * is or will be required by the present or future...

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