PERMIAN BASIN AREA RATE CASES


390 U.S. 747 (1968)

PERMIAN BASIN AREA RATE CASES.

Supreme Court of United States.

Decided May 1, 1968.


Attorney(s) appearing for the Case

Richard A. Solomon argued the cause for the Federal Power Commission. With him on the brief were Solicitor General Marshall, Ralph S. Spritzer, Richard A. Posner, Peter H. Schiff, Leo E. Forquer, David J. Bardin and Alan J. Roth.

J. Calvin Simpson argued the cause for the Public Utilities Commission of California; Malcolm H. Furbush argued the cause for the Pacific Gas & Electric Co.; John Ormasa argued the cause for the Pacific Lighting Gas Supply Co. et al., and C. Hayden Ames argued the cause for the San Diego Gas & Electric Co., all in support of the order of the Federal Power Commission. With Mr. Simpson on the brief for the Public Utilities Commission of California was Mary Moran Pajalich. With Messrs. Furbush, Ormasa and Ames on the brief for Pacific Gas & Electric Co. et al. was Frederick T. Searls. Roger Arnebergh filed a brief for the City of Los Angeles, and Edward T. Butler and Thomas M. O'Connor filed a brief for the City of San Diego and the City and County of San Francisco, in support of the order of the Federal Power Commission.

Bruce R. Merrill argued the cause for the Continental Oil Co.; Crawford C. Martin, Attorney General, argued the cause for the State of Texas; Boston E. Witt, Attorney General, argued the cause for the State of New Mexico; Herbert W. Varner argued the cause for the Superior Oil Co.; Robert W. Henderson argued the cause for the Hunt Oil Co. et al.; J. Evans Attwell argued the cause for Bass et al.; Justin R. Wolf argued the cause for the Standard Oil Co. of Texas; James L. Armour argued the cause for the Mobil Oil Corp.; Louis Flax argued the cause for the Sun Oil Co., and Carroll L. Gilliam and Oliver L. Stone argued the cause for the Amerada Petroleum Corp. et al., all in opposition to the order of the Federal Power Commission. With Mr. Merrill on the brief for the Continental Oil Co. et al. were Thomas H. Burton, Cecil N. Cook, Neal Powers, Jr., and Lloyd F. Thanhouser. With Messrs. Martin and Witt on the brief for the State of Texas et al. were George M. Cowden, First Assistant Attorney General of Texas, Houghton Brownlee, Jr., Linward Shivers and C. Daniel Jones, Jr., Assistant Attorneys General of Texas, A. J. Carubbi, Jr., and William J. Cooley, Special Assistant Attorney General of New Mexico. With Mr. Varner on the brief for the Superior Oil Co. were Homer J. Penn and Murray Christian. With Mr. Henderson on the brief for the Hunt Oil Co. et al. were Paul W. Hicks and Donald K. Young. With Mr. Attwell on the brief for Bass et al. was W. H. Drushel, Jr. With Mr. Wolf on the brief for the Standard Oil Co. of Texas was Francis R. Kirkham. With Mr. Armour on the brief for Mobil Oil Corp. et al. were Thomas P. Hamill, Robert D. Haworth and William H. Tabb. With Mr. Flax on the brief for the Sun Oil Co. were Phillip D. Endom and Robert E. May. With Messrs. Gilliam and Stone on the brief for the Amerada Petroleum Corp. et al. were Joseph W. Morris, Edwin S. Nail, Edward J. Kremer, Jr., Robert E. Wade, Bernard A. Foster, Jr., Graydon D. Luthey, Warren M. Sparks, Martin E. Erck, Clayton L. Orn, Joseph F. Diver, H. Y. Rowe, W. W. Heard, J. P. Hammond, T. C. McCorkle, William H. Emerson, Kenneth Heady, John R. Rebman, Jerome M. Alper, Thomas G. Johnson, Charles E. McGee, Sherman S. Poland, Richard F. Remmers, Homer E. McEwen, Jr., William K. Tell, Jr., William R. Slye and John C. Snodgrass. John Davenport filed a brief for Texas Independent Producers & Royalty Owners Association et al., in opposition to the order of the Federal Power Commission.

Briefs of amici curiae were filed by Louis J. Lefkowitz, Attorney General of New York, Kent H. Brown and Morton L. Simons for the Public Service Commission of the State of New York; by J. David Mann, Jr., John E. Holtzinger, Jr., Bertram D. Moll, William T. Coleman, Jr., Robert W. Maris, C. William Cooper, Edward S. Kirby, James R. Lacey, Edwin F. Russell, Jr., Barbara M. Suchow, John W. Glendening, Jr., John S. Schmid and Dale A. Wright for the Associated Gas Distributors Group, and by Vincent P. McDevitt and Samuel Graff Miller for the Philadelphia Electric Co.


MR. JUSTICE HARLAN delivered the opinion of the Court.

These cases stem from proceedings commenced in 1960 by the Federal Power Commission under § 5 (a) of the Natural Gas Act,1 52 Stat. 823, 15 U. S. C. § 717d (a), to determine maximum just and reasonable rates for sales in interstate commerce2 of natural gas produced in the Permian Basin.

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