PUBLIC SERV. COM'N FOR STATE OF N. Y. v. FEDERAL POWER COM'N

No. 71-1298.

463 F.2d 883 (1972)

PUBLIC SERVICE COMMISSION FOR the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Humble Oil & Refining Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1972.

As Amended April 12, 1972.


Attorney(s) appearing for the Case

Mr. Richard A. Solomon, Washington, D. C., with whom Mr. Joseph J. Klovekorn, Albany, N. Y., was on the brief, for petitioner.

Mr. Leo E. Forquer, Sol., F.P.C., with whom Messrs. Gordon Gooch, Gen. Counsel, J. Richard Tiano, First Asst. Sol., and William P. Diener, Atty., F.P.C., were on the brief, for respondent.

Messrs. Martin N. Erck, Houston, Tex., John R. Rebman, Bartlesville, Okl., Warren M. Sparks, B. James McGraw, Tulsa, Okl., Thomas G. Johnson, Dan A. Bruce, Houston, Tex., Kenneth Heady, John L. Williford, Bartlesville, Okl., Edwin S. Nail, Tulsa, Okl., and Tom Burton, Houston, Tex., were on the brief for intervenors Humble Oil & Refining Co., Gulf Oil Corp. and Warren Petroleum Corp., Shell Oil Co., Phillips Petroleum Co., Amerada Hess Corp., and Continental Oil Co.

Messrs. William H. Emerson, Tulsa, Okl., Carroll L. Gilliam and Philip R. Ehrenkranz, Washington, D. C., were on the brief for intervenor Amoco Production Co.

Before LEVENTHAL and ROBINSON, Circuit Judges, and JAMES F. GORDON, Chief Judge, U. S. District Court for the Western District of Kentucky.


PER CURIAM:

The Federal Power Commission, after a rule-making proceeding, issued an order that changed its prior policy in regard to suspensions of rate increases filed by natural gas producers, and in regard to temporary certificates issued to producers offering new supplies of gas. Instead of a general policy of 5-month suspensions, as permitted by Congress in § 4(e) of the Natural Gas Act,1 the FPC adopted a general policy of one...

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