AMERICAN PUBLIC GAS ASS'N v. FEDERAL POWER COM'N

No. 71-1812, 71-1873.

498 F.2d 718 (1974)

AMERICAN PUBLIC GAS ASSOCIATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Shell Oil Company et al., Intervenors. CONTINENTAL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Aztec Oil and Gas Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 1974.

Rehearing Denied July 17, 1974.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., for petitioner in No. 71-1812.

Thomas H. Burton, Houston, Tex., for petitioner in No. 71-1873.

Joan E. Heimbigner, Atty., Federal Power Commission with whom Gordon Gooch, Gen. Counsel, Leo E. Froquer, Sol., and George W. McHenry, Jr., First Asst. Sol., Federal Power Commission were on the brief, for respondent. J. Richard Tiano, First Asst. Sol., Federal Power Commission at the time the record was filed, also entered an appearance for respondent.

John R. Rebman, Bartlesville, Okl., with whom Martin N. Erck and J. Kirby Ellis, Houston, Tex., were on the brief, for intervenors, Humble Oil and Refining Co.

Tilford A. Jones, Bethesda, Md., with whom William A. Mogel, Bethesda, Md., whom William A. Mogel, Bethesda, Md., was on the brief, for intervenor, United Distribution Companies.

Kenneth Heady and John L. Williford, Bartlesville, Okl., were on the brief for intervenor, Phillips Petroleum Co.

Thomas G. Johnson and Dan A. Bruce, Houston, Tex., were on the brief for intervenor, Shell Oil Co.

Kirk W. Weinert and C. Fielding Early, Jr., Houston, Tex., were on the brief for intervenor, Texaco, Inc. J. Donald Annett, Washington, D. C., also entered an appearance for intervenor, Texaco Inc.

Edwin S. Nail, Boston, Mass., was on the brief for intervenor, Amerada Hess Corp.

John E. Watson, Houston, Tex., entered an appearance for intervenor, Tenneco Oil Co. in No. 71-1873.

Charles E. McGee, Washington, D. C., entered an appearance for intervenor, Atlantic Richfield Co. in No. 71-1873.

Oliver Barr McClellan entered an appearance for intervenor, Aztec Oil and Gas Co. in No. 71-1873.

Before DANAHER, Senior Circuit Judge, and MacKINNON, and ROBB, Circuit Judges.


PER CURIAM:

This case presents three questions: (1) whether the Federal Power Commission properly determined initial rates for independent producer areas under its rulemaking authority; (2) whether the procedures adopted by the Commission met the requirements of due process; and (3) whether the initial rates established by the Commission for the Rocky Mountain area are supported by substantial evidence. We answer each question in the affirmative.

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