FEDERAL POWER COMMISSION
v.
LOUISIANA POWER & LIGHT CO. ET AL.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 19, 1972.
Decided June 7, 1972.
Attorney(s) appearing for the Case
Gordon Gooch argued the cause for petitioner in No. 71-1016. With him on the briefs were Solicitor General Griswold, Samuel Huntington, Leo E. Forquer, J. Richard Tiano, and George W. McHenry. William C. Harvin argued the cause for petitioners in No. 71-1040. With him on the briefs were William R. Choate, Perry O. Barber, Jr., Jeron Stevens, W. DeVier Pierson, and William B. Cassin.
Andrew P. Carter argued the cause for respondent Louisiana Power & Light Co. With him on the brief was Thomas W. Leigh.
Briefs of amici curiae urging reversal were filed by J. Lee Rankin, Stanley Buchsbaum, and Francis I. Howley for the City of New York; by Peter H. Schiff for the Public Service Commission for the State of New York; by J. Evans Attwell, Christopher T. Boland, Robert O. Koch, John J. Mullally, and William W. Brackett for the Pipeline Intervenors; by Howard E. Wahrenbrock and John M. Kuykendall, Jr., for Mobile Gas Service Corp. et al.; by Barbara M. Gunther for Brooklyn Union Gas Co.; and by Richard A. Rosan and Daniel L. Bell, Jr., for Columbia Gas Transmission Corp.
Briefs of amici curiae urging affirmance were filed by John J. McKeithen, Governor, Jack P. F. Gremillion, Attorney General, Fred G. Benton, Sr., and Arnold D. Berkeley for the State of Louisiana; by Pat Moran for the Arkansas Public Service Commission; by Martin N.Erck, John R. Rebman, Kirby Ellis, Sherman S. Poland, and Daniel F. Collins for Humble Oil & Refining Co.; by Thomas G. Johnson for Shell Oil Co.; and by J. Donald Annett, Kirk W. Weinert, and John M. Young for Texaco Inc.
Briefs of amici curiae were filed by Albert G. Norman, Jr., John W. Hinchey, Assistant Attorney General of Georgia, John E. Holtzinger, Jr., and Allen E. Lockerman for Atlanta Gas Light Co. et al., and by John T. Miller, Jr., for Monsanto Co. et al.
Supreme Court of United States.
MR. JUSTICE BRENNAN delivered the opinion of the Court.
In April 1971 the Federal Power Commission (FPC) promulgated its Order No. 431 requiring every jurisdictional pipeline to report to the FPC whether curtailment of its deliveries to customers would be necessary because of inadequate supply of natural gas. A pipeline anticipating the necessity for curtailment was required to file a revised tariff to control deliveries to all customers— industrial...
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