PACIFIC GAS & ELECTRIC CO. v. FEDERAL POWER COM'N

Nos. 73-1358, 73-1485.

506 F.2d 33 (1974)

PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, General Motors Corporation et al., Intervenors. MISSISSIPPI POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, General Motors Corporation et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1974.


Attorney(s) appearing for the Case

Daniel E. Gibson, Oakland, Cal., with whom Malcolm H. Furbush and Howard V. Golub, San Francisco, Cal., were on the brief, for petitioner in No. 73-1358.

Peyton G. Bowman, III, Washington, D. C., with whom Richard M. Merriman and J. Richard Tiano, Washington, D. C., were on the brief, for petitioner in No. 73-1485.

John Staffier, Atty., Federal Power Commission, for respondent. Leo E. Forquer, Gen. Counsel, Federal Power Commission, and George W. McHenry, Jr., Sol., Federal Power Commission, were on the brief, for respondent. Platt W. Davis, III, Atty., Federal Power Commission, also entered an appearance for respondent.

Edward J. Grenier, Jr., Washington, D. C., with whom Richard P. Noland, Richard J. Pierce, Jr., and David C. Evans, Washington, D. C., were on the brief, for intervenors in No. 73-1358 and intervenors, Gen. Motors Corp., Johns-Manville Corp., Brick Institute of America and Georgia Industrial Group in No. 73-1485.

Arnold D. Berkeley, Washington, D. C., and David R. Straus, Chicago, Ill., were on the brief, for intervenors, State of Louisiana, Louisiana Municipal Association, Louisiana Public Service Commission and St. James Parish Utilities in No. 73-1485.

Raymond P. Buschmann, Chicago, Ill., entered an appearance for intervenor, Illinois Power Co. in No. 73-1485.

Before BAZELON, Chief Judge, and MacKINNON, Circuit Judge, and A. SHERMAN CHRISTENSEN, United States Senior District Judge for the District of Utah.


MacKINNON, Circuit Judge:

Petitioners assert that we have jurisdiction under section 19(b) of the Natural Gas Act1 to review Order No. 467, 49 F.P.C. 85,2 which the Federal Power Commission issued on January 8, 1973. Order No. 467 is a "Statement of Policy" on "priorities-of-deliveries by jurisdictional pipelines during periods of curtailment" which the Commission indicated...

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