TENNECO INC., a corporation, and Texas Eastern Transmission Corporation, a corporation, Appellants,
v.
PUBLIC SERVICE COMMISSION OF WEST VIRGINIA et al., Appellees, National Association of Regulatory Commissioners, Intervenor Appellee, Independent Natural Gas Association of America, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued November 5, 1973.
Decided December 19, 1973.
Attorney(s) appearing for the Case
John O. Kizer, Charleston, W. Va. (David A. Faber, Campbell, Love, Woodrow & Kizer, Charleston, W. Va., on brief) for appellants.
John E. Lee, Gen. Counsel, Charleston, W. Va. (Marian W. Louis, Asst. Gen. Counsel, and Cassius H. Toon, Charleston, W. Va., on brief) for Public Service Commission of W. Va.
Sumner J. Katz, Washington, D. C. (Paul Rodgers, Gen. Counsel, and Ray M. Druley, Deputy Asst. Gen. Counsel, Washington, D. C., on brief) for Nat. Ass'n of Regulatory Utility Commrs.
Jerome J. McGrath and Francis H. Caskin, Washington, D. C., on brief for Independent Natural Gas Ass'n of America.
Before BUTZNER, FIELD, and WIDENER, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
BUTZNER, Circuit Judge:
This appeal raises the narrow issue of whether the Natural Gas Pipeline Safety Act of 19681 has preempted the field of safety regulation of interstate gas pipelines to the extent that a state, which has qualified as an agent of the Department of Transportation, may not assess fees against the interstate lines to help defray the cost of administering the pipeline safety program. The district judge entered summary...
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