CINCINNATI GAS & ELECTRIC CO. v. FEDERAL POWER COM'N

Nos. 17888, 17939.

389 F.2d 272 (1968)

The CINCINNATI GAS & ELECTRIC COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, The City of Hamilton, Ohio and Texas Gas Transmission Corp., Intervenors. The OHIO FUEL GAS COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Sixth Circuit.

February 16, 1968.


Attorney(s) appearing for the Case

Walter E. Beckjord and Paul J. Doppes, Cincinnati, Ohio, for petitioners The Cincinnati Gas & Electric Co. and the City of Cincinnati; Peck, Shaffer & Williams, Cincinnati, Ohio, on the brief.

R. N. Mahaffey, Columbus, Ohio, for petitioners Ohio Fuel Gas Co. and Kentucky Gas Transmission Corp.; J. F. Sisson, New York City, C. E. Goodwin, H. Raymond Andrews, Jr., Charleston, W. Va., William C. Hart, Washington, D. C., on the brief.

Joel Yohalem, Atty., Federal Power Commission, Washington, D. C., for respondent; Richard A. Solomon, Gen. Counsel, Peter H. Schiff, Solicitor, Edward Berlin, Asst. Gen. Counsel, Washington, D. C., on the brief.

J. David Mann, Jr., Washington, D. C., for intervenor The City of Hamilton, Ohio; Robert A. Peavey, Washington, D. C., on brief; Morgan, Lewis & Bockius, Philadelphia, Pa.-Washington, D. C., of counsel.

George J. Meiburger, Washington, D. C., for intervenor Texas Gas Transmission Corp.; Christopher T. Boland, Thomas F. Brosnan, Gallagher, Connor & Boland, Washington, D. C., on brief; Robert O. Koch, Texas Gas Transmission Corp., Owensboro, Ky., of counsel.

Before WEICK, Chief Judge, and O'SULLIVAN and PHILLIPS, Circuit Judges.


WEICK, Chief Judge.

These proceedings are to review orders of the Federal Power Commission authorizing the City of Hamilton, Ohio, to change from its present natural gas supplier, The Cincinnati Gas & Electric Company (CG&E), to another supplier, Texas Gas Transmission Corporation (Texas), whose main transmission system passes within the city limits of Hamilton.

The basis for the orders was that Texas would supply the gas to Hamilton at a substantially...

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