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NEW ENGLAND POWER CO. v. FEDERAL POWER COM'N

Nos. 71-1439, 71-1539 and 71-1555.

467 F.2d 425 (1972)

NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. INDEPENDENT NATURAL GAS ASSOCIATION OF AMERICA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 1972.

Rehearing Denied September 25, 1972.

Attorney(s) appearing for the Case

Mr. William J. Madden, Jr., Washington, D. C., with whom Mr. Thomas M. Debevoise, Washington, D. C. was on the brief, for petitioner in No. 71-1439.

Mr. Stanley M. Morley, Washington, D. C., with whom Messrs. Francis H. Caskin, Edward A. Caine and Jerome J. McGrath, Washington, D. C., were on the brief, for petitioner in No. 71-1539.

Mr. Melvin Richter, Washington, D. C., with whom Mr. Harry S. Welch, Houston, Tex., was on the brief, for petitioner in No. 71-1555.

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

Before TAMM, ROBB and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

In this case several representative of the natural gas pipeline and electric industry petition the court to review and set aside Federal Power Commission Order No. 427 revising existing fee schedules for filing applications under the Natural Gas Act and Federal Power Act and assessing annually the costs of administering these programs against jurisdictional companies in accordance with formulae set forth in the order. Petitioners attack both the...

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