AMERICAN SMELTING & REFINING CO. v. FEDERAL POWER COM'N

Nos. 72-2204, 73-1016, 73-1040, 73-1042, 73-1050, 73-1102, 73-1116, 73-1148, 73-1152.

494 F.2d 925 (1974)

AMERICAN SMELTING AND REFINING COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent (two cases), Tucson Gas & Electric Company, et al., Intervenors. SAN DIEGO GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Johns-Manville Products Corp., et al., Intervenors. PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, General Motors Corporation et al., Intervenors. SOUTHERN CALIFORNIA GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, General Motors Corporation et al., Intervenors. SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Tucson Gas and Electric Co. et al., Intervenors. AMERICAN SMELTING AND REFINING COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, El Paso Natural Gas Co. et al. CITY OF WILLCOX and Arizona Electric Power Cooperative, Inc., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, American Smelting and Refining Co. et al., Intervenors. SOUTHERN UNION GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, American Smelting and Refining Co., et al. Intervenors. DEPARTMENT OF WATER AND POWER OF the CITY OF LOS ANGELES, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Shell Oil Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1974.

Rehearing Denied February 25, 1974.


Attorney(s) appearing for the Case

K. R. Edsall, Los Angeles, Cal., for petitioner in No. 73-1042, also argued for petitioners in Nos. 73-1016, 73-1040, 73-1050 and 73-1152.

Robert J. Haggerty, Washington, D.C., with whom Arthur S. Grenier, Dallas, Tex., Charles E. McGee and John T. Ketchom, Washington, D. C., were on the brief for petitioner in No. 73-1148 and intervenor Southern Union Gas Co.

Arnold D. Berkeley, Washington, D. C., with whom George Spiegel, Washington, D. C., was on the brief for petitioner in No. 73-1116.

George W. McHenry, Jr., Acting Sol., Federal Power Commission with whom Leo E. Forquer, Gen. Counsel and Platt W. Davis, III, Atty., Federal Power Commission were on the brief for respondent. Gordon Gooch, Gen. Counsel, Washington, D. C., at the time the record was filed also entered an appearance for respondent in No. 73-1116.

Edward J. Grenier, Jr., Washington, D. C., with whom Richard Noland and Richard J. Pierce, Jr., Washington, D. C., were on the brief for intervenors, General Motors Corp. and Johns-Manville Products Corp.

Jerome Ackerman and James R. McCotter, Washington, D. C., were on the brief for petitioners in Nos. 72-2204 and 73-1102 and intervenor, American Smelting and Refining Co. and others.

Sherman Chickering, C. Hayden Ames and David R. Pigott, San Francisco Cal., were on the brief for petitioner in No. 73-1016 and intervenor San Diego Gas and Electric Co. Donald J. Richardson, Jr., San Francisco, Cal., also entered an appearance for intervenor San Diego Gas and Electric Co. in Nos. 72-2204, 73-1040, 73-1042 and 73-1050.

Rollin E. Woodbury, Alan M. Nedry, Rosemead, Cal., Edward C. Farrell and Arthur T. Devine, Deputy City Atty., Los Angeles, Cal., were on the brief for petitioner in No. 73-1050.

Frederick Searls, San Francisco, Cal., entered an appearance for petitioner in No. 73-1040 and intervenor Pacific Gas and Electric Co. in Nos. 73-1102 and 73-1148. Daniel E. Gibson, Oakland, Cal., also entered an appearance for intervenor Pacific Gas and Electric Co. in No. 73-1102.

John P. Mathis, J. Calvin Simpson and Lawrence Q. Garcia, San Francisco, Cal., were on the brief for intervenors, The People of the State of California and the Public Utilities Commission of the State of California in Nos. 73-1016, 73-1040, 73-1042 and 73-1050.

Thomas F. Brosnan, Washington, D. C., and Lawrence V. Robertson, Jr., Las Vegas, Nev., were on the brief for intervenor Tucson Gas and Electric Co. in Nos. 72-2204, 73-1016, 73-1040, 73-1042, 73-1050, 73-1148 and 73-1152.

C. Frank Reifsnyder, Washington, D. C., was on the brief for intervenors, El Paso Natural Gas Co.

John William Whitsett and Edward Farrell, Los Angeles, Cal., were on the brief for intervenor Air Polution Control District of the County of Los Angeles in No. 73-1152.

Thomas G. Johnson, Houston, Tex., entered an appearance for intervenor, Shell Oil Co. in Nos. 72-2204, 73-1016, 73-1040, 73-1042, 73-1050, 73-1102 and 73-1152. Dan A. Bruce, Houston, Tex., also entered an appearance for intervenor Shell Oil Co. in No. 73-1050.

Charles H. McCrea, Las Vegas, Nev., entered an appearance for intervenor Southwest Gas Corp. in Nos. 72-2204, 73-1016, 73-1040 and 73-1042. Leonard L. Snaider, Las Vegas, Nev., entered an appearance for intervenor Southwest Gas Corp. in Nos. 73-1050, 73-1102 and 73-1148 and intervenor Southern Gas Corp. in No. 73-1152.

Richard H. Silverman, Phoenix, Ariz., entered an appearance for intervenor Salt River Project Agricultural Improvement and Power Dist. in Nos. 72-2204, 73-1016, 73-1040, 73-1042 and 73-1050.

Richard M. Merriman, Washington D. C., entered an appearance for intervenor Arizona Public Service Co. in Nos. 72-2204, 73-1016, and 73-1040. Peyton C. Bowman, III, Washington, D. C., also entered an appearance for intervenor Arizona Public Service Co. in Nos. 72-2204, 73-1016, 73-1040 and 73-1116.

Henry F. Lippitt, Los Angeles, Cal., entered an appearance for intervenor Nevada Industrial Customers in No. 73-1042.

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


Rehearing Denied in Nos. 73-1016, 73-1040, 73-1042, 73-1116, February 25, 1974.

TAMM, Circuit Judge:

We are called upon to review orders of the Federal Power Commission which establish a temporary curtailment plan for use on the Southern Division System of the El Paso Natural Gas Company. The temporary plan was approved on October 31, 1972 and will remain in effect until the Commission approves a permanent plan.1 The purpose of...

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