CALIFORNIA GAS PRODUCERS ASS'N v. FEDERAL POWER COM'N

Nos. 21310, 21313, 21314.

383 F.2d 645 (1967)

CALIFORNIA GAS PRODUCERS ASSOCIATION, Independent Oil and Gas Producers of California, and Jade Oil and Gas Company, the State of Texas, Texas Independent Producers & Royalty Owners Association, West Central Texas Oil and Gas Association, and Permian Basin Petroleum Association, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Pacific Gas Transmission Company, Public Utility Commissioner of Oregon, City and County of San Francisco, and Southern California Gas Company, Southern Counties Gas Company of California, and Pacific Lighting Service and Supply Company, Intervenors.

United States Court of Appeals Ninth Circuit.

September 15, 1967.


Attorney(s) appearing for the Case

Henry F. Lippitt, II, Los Angeles, Cal., for petitioners, California Gas Producers Assn., Independent Oil & Gas Producers of Cal., and Jade Oil & Gas Co.

Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty Gen., T. B. Wright, Executive Asst. Atty. Gen., J. Arthur Sandlin, C. Daniel Jones, Jr., Linward Shivers, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carrubi, Jr., Staff Legal Asst. Atty. Gen., Houghton Brownlee, Jr., Asst. Atty. Gen., Austin, Tex., for petitioner, State of Texas.

John Davenport, Austin, Tex., for petitioners, Texas Independent Producers & Royalty Owners Assn., West Central Texas Oil & Gas Assn., and Permian Basin Petroleum Assn.

Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Peter H. Schiff, Deputy Sol., Federal Power Commission, Washington, D. C., for respondent.

Robert Y. Thornton, Atty. Gen., Richard W. Sabin, Asst. Atty. Gen., Salem, Or., for intervenor, Public Utilities Comr. of Or.

Thomas M. O'Connor, City Atty., William F. Bourne, Public Utilities Counsel, William C. Taylor, Deputy City Atty., Robert R. Laughead, San Francisco, Cal., Chief Valuation & Rate Engineer, City & County of San Francisco, for intervenor, City & County of San Francisco.

Malcolm H. Furbush, Richard H. Peterson, John A. Sproul, San Francisco, Cal., Raymond N. Shibley, Washington, D. C., for intervenor, Pacific-Gas Transmission Co.

John Ormasa, Roger J. Nichols, Eric W. Martens, Los Angeles, Cal., for intervenors, Southern California Gas Co., Southern Counties Gas Co., of Cal., and Pacific Lighting Service & Supply Co.

L. Dan Jones, Gen. Counsel, William I. Powell, Asst. Gen. Counsel, Washington, D. C., for amicus curiae, Independent Petroleum Assn. of America.

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


DUNIWAY, Circuit Judge:

These are petitions under the Natural Gas Act, 15 U.S.C. §§ 717-717w, to review an order of the Federal Power Commission. By that order, which was issued June 15, 1966, the Commission authorized Pacific Gas Transmission Company (P.G.T.) a natural gas pipeline company previously authorized, on August 5, 1960, to bring natural gas from Canada to California (see Pacific Gas Transmission Co., 1960, 24 FPC 134), to import an additional...

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