ATLANTIC SEABOARD CORPORATION, Home Gas Company, Kentucky Gas Transmission Corporation, the Manufacturers Light and Heat Company, the Ohio Fuel Gas Company, United Fuel Gas Company, Petitioners,
v.
FEDERAL POWER COMMISSION, Respondent,
Lynchburg Gas Company, United Gas Improvement Company, Washington Gas Light Company, Commonwealth Natural Gas Company, Dayton Light and Power Company, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 13, 1968.
Decided September 27, 1968.
Attorney(s) appearing for the Case
Mr. John F. Sisson, New York City, with whom Messrs. Richard A. Rosan, New York City, William C. Hart, Washington, D. C., and Edward S. Pinney, New York City, were on the brief, for petitioners.
Mr. Peter H. Schiff, Solicitor, Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel, Abraham R. Spalter, Asst. General Counsel, and Joseph J. Klovekorn, Attorney, Federal Power Commission, were on the brief, for respondent.
Mr. Karl Michelet, Washington, D. C., Attorney for intervenor, Washington Gas Light Company, argued on behalf of all intervenors.
Messrs. James O. Watts, Jr., Lynchburg, Va., Stanley M. Morley, J. David Mann, Jr., and C. Oscar Berry, Washington, D. C., were on the joint brief for intervenors, Commonwealth Natural Gas Co., Lynchburg Gas Co., The United Gas Improvement Co. and Washington Gas Light Co.
Mr. Julian De Bruyn Kops, Dayton, Ohio, was on the brief for intervenor, The Dayton Light and Power Co.
Mr. Robert A. Peavy, Washington, D. C., entered an appearance for intervenor, United Gas Improvement Co.
Mr. Kirk W. Weinert, Washington, D. C., entered an appearance for intervenor, Lynchburg Gas Co.
Before FAHY, Senior Circuit Judge, and BURGER and LEVENTHAL, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
LEVENTHAL, Circuit Judge:
This is a petition for review of a Federal Power Commission order (Opinion No. 523, 38 FPC 91) in proceedings before the Commission on remand from this court in Lynchburg Gas Co. v. FPC, 119 U.S.App.D.C. 23, 336 F.2d 942 (1964). In Lynchburg the court set aside, for lack of evidence and subsidiary findings supporting the Commission's action, the Commission's order authorizing Atlantic Seaboard, a pipeline...
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