PUBLIC SERVICE v. FEDERAL POWER COMMISSION

Nos. 24716, 24823 to 24825, 24836, 24846.

543 F.2d 757 (1974)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation et al. SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of UGI Corporation, Intervenors. GENERAL CRUDE OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of UGI Corporation, Intervenors. M. H. MARR, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of UGI Corporation, Intervenors. CONTINENTAL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Eastern Transmission Corporation and Philadelphia Gas Works Division of UGI Corporation, Intervenors. TEXAS EASTERN TRANSMISSION CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Sun Oil Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 25, 1974.

Rehearing Denied August 27, 1975.


Attorney(s) appearing for the Case

Morton L. Simons, Washington, D.C., for petitioner in No. 24716.

Bruce R. Merrill, Houston, Tex., with whom Tom Burton, Houston, Tex., Stanley M. Morley and Francis H. Caskin, Washington, D.C., were on the brief, for petitioners in Nos. 24823, 24824, 24825 and 24836 and intervenors Sun Oil Co., Gen. Crude Oil Co., Continental Oil Co. and M. H. Marr in Nos. 24716 and 24846.

J. Evans Attwell, Houston, Tex., for petitioner in No. 24846 and intervenor Texas Eastern Transmission Corp.

Kenneth E. Richardson, Atty., Federal Power Commission, with whom Gordon Gooch, Gen. Counsel, and J. Richard Tiano, Asst. Sol., Federal Power Commission, were on the brief, for respondent. Israel Convisser, Atty., Federal Power Commission at the time the record was filed, also entered an appearance for respondent.

William T. Coleman, Jr., Philadelphia, Pa., was on the brief for intervenor Philadelphia Gas Works Division of UGI Corporation in Nos. 24823, 24824, 24825, 24836 and 24846.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

We are called upon to review three orders promulgated by the Federal Power Commission in lengthy proceedings arising and conducted under the Natural Gas Act.1 The Commission has granted four producers of natural gas leave to sell their leasehold interests in substantial proven reserves to an interstate pipeline, and the pipeline authority to construct and operate facilities enabling it to take...

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