CONSUMERS UNION OF UNITED STATES, INC., Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Tenneco Oil Company, et al., Intervenors.
PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Exxon Corporation et al., Intervenors.
AMERICAN PUBLIC GAS ASSOCIATION, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Public Service Commission of the State of New York et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 4, 1974.
Decided October 7, 1974.
Rehearing Denied January 13, 1975.
Attorney(s) appearing for the Case
Peter H. Schuck, Washington, D. C., for petitioner in No. 73-1792 and intervenor Consumers Union of the United States, Inc.
Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., was on the brief, for petitioners in No. 73-1817 and intervenor Public Service Commission of the State of New York.
John Staffier, Atty. F. P. C., for respondent. Leo E. Forquer, Gen. Counsel, F. P. C., George W. McHenry, Jr., Sol., and John H. Burnes, Jr., Atty. F. P. C., were on the brief, for respondent.
J. Evans Attwell, Houston, Tex., for intervenor Belco Petroleum Corp., Agent for Belco 1971 Oil and Gas Fund, LTD.
Kirk W. Weinert, Houston, Tex., with whom C. Fielding Early, Jr., Houston, Tex., was on the brief, for intervenor Texaco, Inc.
R. Gordon Gooch, Houston, Tex., with whom Jeron L. Stevens, Houston, Tex., was on the brief, for intervenor Tenneco Oil Co.
Charles F. Wheatley, Jr., and William T. Miller, Washington, D. C., were on the brief for petitioners in No. 73-1834.
Harry S. Littman, Washington, D. C., entered an appearance for intervenor Tennessee Gas Pipeline Co.
John H. Cooper, Jr., Houston, Tex., entered an appearance for intervenor Exxon Corp.
Edward W. Stern, Philadelphia, Pa., entered an appearance for intervenor, Philadelphia Gas Works.
Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing Denied in No. 73-1792 January 13, 1975.
BAZELON, Chief Judge:
This is the first appeal from a decision of the FPC acting under section 2.75 of its regulations, which establishes a procedure for certification of new sales of natural gas "`notwithstanding that the contract rate [might] be in excess of an area ceiling rate established in a prior opinion or order of this Commission.'"1 In Moss v. FPC,2<...
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