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PUBLIC SERVICE COM'N OF W. VA. v. FEDERAL POWER COM'N

Nos. 14606, 14609.

437 F.2d 1234 (1971)

The PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Petitioner, v. The FEDERAL POWER COMMISSION and Mountain Gas Company, a corporation, Respondents. NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1971.

Attorney(s) appearing for the Case

John E. Lee, Charleston, W. Va., Chief Counsel, Public Service Commission of W. Va., Leo Catsonis, Sp. Asst. Atty. Gen., and Paul Rodgers, Gen. Counsel, National Assn. of Regulatory Utility Commissioners (Chauncey H. Browning, Jr., Atty. Gen., and Augustine A. Mazzei, Jr., Charleston, W. Va., Atty., Public Service Commission of W. Va., on brief), for petitioners.

Israel Convisser, Atty., F. P. C. (Gordon Gooch, Gen. Counsel, Peter H. Schiff, Sol., and George Lewnes, Asst. Gen. Counsel, F. P. C., on brief), for respondent.

Sherman S. Poland, Washington, D. C. (Bernard A. Foster, III, and Ross, Marsh & Foster, Washington, D. C., Boyd D. Taylor, Charleston, W. Va., and Roy Schaeffer, Charleston, W. Va., on brief), for Mountain Gas Co.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

In this case we must decide if the Federal Power Commission (FPC), in exercising its jurisdiction, was required to condition its approval on concurrent approvals by a state regulatory commission.

Before its partial reorganization, Cabot Corporation (Cabot) was engaged in a number of related business activities having to do with the exploration, production, transmission and sale of natural gas in intrastate and interstate commerce in...

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