TEXAS EASTERN TRANSMISSION CORP. v. FEDERAL POWER COM'N

Nos. 22031, 22041, 23251, 22462, 22870.

357 F.2d 232 (1966)

TEXAS EASTERN TRANSMISSION CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 22, 1966.


Attorney(s) appearing for the Case

William W. Brackett, Chicago, Ill., for Natural Gas Pipeline Co. of America.

Jack D. Head, Houston, Tex., Keith M. Pyburn, Washington, D. C., David T. Searls, J. Evans Attwell, Harry M. Reasoner, Vinson, Elkins Weems & Searls, Houston, Tex., for petitioner, Texas Eastern Transmission Corp.

Howard E. Wahrenbrock, Sol., F. P. C., Washington, D. C., Richard A. Solomon, Gen. Counsel, Abraham R. Spalter, Asst. Gen. Counsel, Peter H. Schiff, Deputy Sol., Robert A. Jablon, Atty., Washington, D. C., for respondent, Federal Power Commission.

Robert W. Maris, Philadelphia, Pa., for intervenor, United Gas Improvement Co.

Before WHITAKER, Senior Judge, and WISDOM and THORNBERRY, Circuit Judges.


Rehearing Denied in Nos. 22041, 22462, 22870, 23251 March 22, 1966.

WISDOM, Circuit Judge.

The novel orders of the Federal Power Commission attacked in these proceedings mark the Commission's decision to take a new and close look at its jurisdiction over refunds generated under Section 4(e) of the Natural Gas Act.1 Does the statute permit and does sound policy require the Commission to...

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