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CITIES OF CANTON, CLEVELAND & MASSILLON v. FEDERAL POW. COM'N

No. 19371.

360 F.2d 521 (1966)

The CITIES OF CANTON, CLEVELAND, and MASSILLON, Ohio, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Consolidated Gas Supply Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided April 15, 1966.

Attorney(s) appearing for the Case

Mr. James L. Harkins, Jr., Cleveland, Ohio, for petitioners.

Mr. Joel Yohalem, Attorney, Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel, Howard E. Wahrenbrock, Solicitor, and Peter H. Schiff, Deputy Solicitor, Federal Power Commission, were on the brief, for respondent.

Mr. Norman A. Flaningam, Washington, D. C., with whom Messrs. Thomas F. Brosnan and Jacob Goldberg, Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and LEVENTHAL, Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge:

On April 5, 1963, Hope Natural Gas Company applied to the Federal Power Commission for a certificate authorizing it to acquire by merger, and thereafter to operate, the natural gas facilities of its affiliate, New York State Natural Gas Corporation. Both companies were wholly-owned subsidiaries of Consolidated Natural Gas Company, a registered public utility holding company.1

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