CONSOLIDATED EDISON CO. OF N. Y., INC. v. F. P. C.

Nos. 73-1999, 73-2017, 74-1150, 74-1200, 74-1184 and 74-1231.

511 F.2d 372 (1974)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Brick Institute of America, Intervenors. STATE OF NORTH CAROLINA and North Carolina Utilities Commission, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Piedmont Natural Gas Co., Inc., et al., Intervenors. ALABAMA GAS CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Southeast Alabama Gas District et al., Intervenors. ATLANTA GAS LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, South Carolina Electric & Gas Company et al., Intervenors. BATTLE CREEK GAS COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, National Distillers and Chemical Corp. et al., Intervenors. MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Michigan Gas Storage Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 26, 1974.


Attorney(s) appearing for the Case

William I. Harkaway, Washington, D. C., with whom Charles J. McCarthy, Washington, D. C., and Robert A. Froehlich, New York City, were on the brief for petitioner in No. 73-1999.

Morton L. Simons, Washington, D. C., for petitioners in No. 73-2017.

Harold L. Talisman, Washington, D. C., with whom Melvin Richter, Washington, D. C., and A. S. Lacy, Birmingham, Ala., were on the brief for petitioner in No. 74-1150.

John E. Holtzinger, Jr., Washington, D. C., with whom Paul H. Keck, Washington, D. C., was on the brief for petitioner in No. 74-1150.

J. Richard Tiano, Washington, D. C., with whom Richard M. Merriman, and Richard T. Witt, Washington, D. C., and Raymond P. Buschmann, Chicago, Ill., were on the brief for petitioners in No. 74-1184.

John E. Haley, Washington, D. C., with whom Richard J. Flynn, Washington, D. C., Frederick G. Berner, Jr., and Gary L. Cowan, Washington, D. C., were on the brief for petitioners in No. 74-1231.

George W. McHenry, Jr., Sol., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel, William J. Grealis, Thomas M. Walsh and John R. Staffier, Attorneys, F. P. C., Washington, D. C., were on the brief for respondent.

Richard A. Solomon, Washington, D. C., for intervenor National Distillers and Chemical Corp.

Raymond N. Shibley, Washington, D. C., with whom James J. Flood, Jr., Washington, D. C., was on the brief for intervenor Panhandle Eastern Pipe Line Co.

James J. Flood, Jr., Washington, D. C., with whom William A. Major, Jr., Birmingham, Ala., was on the brief for intervenor Southern Natural Gas Co.

Joseph T. Stevens, for intervenor Brooklyn Union Gas Co. No brief was filed by intervenor Brooklyn Union Gas Co. Barbara M. Gunther, Brooklyn, N. Y., entered an appearance for intervenor Brooklyn Union Gas Co.

John T. Ketcham, and Robert J. Haggerty, Washington, D. C., were on the brief for petitioner Anchor Hocking Corp. in No. 74-1184.

Edward J. Grenier, Jr., Richard P. Noland, Richard J. Pierce, Jr., and David C. Evans, Washington, D. C., were on the brief for intervenors Brick Institute of America and Brick Ass'n of North Carolina.

Dale A. Wright and Melvin Richter, Washington, D. C., were on the brief for intervenor Piedmont Natural Gas Co., Inc.

John T. Miller, Jr., Washington, D. C., was on the brief for intervenor Elizabethtown Gas Co. and for intervenors A. P. Green Refractories, Co., and others.

Frederick Moring, Washington, D. C., was on the brief for intervenor South Jersey Gas Co. Paul H. Keck, Washington, D. C., entered an appearance for intervenor South Jersey Gas Co.

Peter H. Schiff, Albany, N. Y., and Richard A. Solomon, Washington, D. C., were on the brief for intervenor Public Service Commission of the State of New York.

Daniel L. Bell, Jr., and Giles H. Snyder, Charleston, W. Va., were on the brief for intervenor Columbia Gas Transmission Corp.

George A. Avery, Toni K. Golden and James K. White, Washington, D. C., were on the brief for intervenor Michigan Gas Storage Co.

Henry F. Krautwurst, Monte R. Richards and Susan A. Low, Washington, D. C., were on the brief for intervenor Washington Gas Light Co.

Edward S. Kirby, Newark, N. J., was on the brief for intervenor Public Service Electric and Gas Co. in support of petitioners' motion for stay to maintain the status quo etc. James R. Lacey, Newark, N. J., entered an appearance for intervenor Public Service Electric and Gas Co.

Thomas F. Ryan, Jr., Washington, D. C., entered an appearance for intervenor Transcontinental Gas Pipe Line Corp.

Donald W. McCoy and Alfred E. Cleveland, Fayetteville, N. C., entered appearances for intervenor North Carolina Natural Gas Co.

Jack M. Irion, Shelbyville, Tenn., entered an appearance for intervenor Union Cities Gas Co.

Joseph W. Ferraro, Jr., Newark, N. J., entered an appearance for intervenor The New Jersey Board of Public Utility Commission.

F. Kent Burns, Raleigh, N. C., entered an appearance for intervenor Public Service Co. of North Carolina, Inc.

William W. Ross, Washington, D. C., entered an appearance for intervenors Pomona Corp.

Edward J. Grenier, Jr., Richard P. Noland and Richard J. Pierce, Jr., Washington, D. C., entered appearances for intervenors General Motors Corp. and Georgia Industrial Group.

David C. Murchison and Richard S. Harrell, Washington, D. C., entered appearances for intervenor Caterpillar Tractor Co.

John W. Glendening Jr., and John S. Schmid, Washington, D. C., entered appearances for intervenor Mueller Brass Co.

Harold L. Talisman, Washington, D. C., entered an appearance for intervenor Corning Glass Works.

Michael J. Manning, Washington, D. C., entered an appearance for intervenor Anderson Clayton Foods.

Raymond D. Hurley, Washington, D. C., entered an appearance for intervenor Owens-Corning Fiberglas Corp.

James R. McClarnon, Indianapolis, Ind., entered an appearance for intervenor City of Indianapolis, etc.

George Mabry entered an appearance for intervenor Johns-Manville Fiber Glass, Inc.

Ronald D. Eastman, Washington, D. C., entered an appearance for intervenor The American Textile Manufacturers Institute, Inc.

Ronald L. Winkler, Washington, D. C., entered an appearance for North Carolina Congressional Delegation to the Congress of the United States as amicus curiae and also for intervenor Brick Institute of America.

Peyton G. Bowman, III, Washington, D. C., entered an appearance for intervenor South Carolina Electric and Gas Co.

Carl L. Evans, Montgomery, Ala., entered an appearance for intervenor Alabama Public Service Commission.

William T. Miller, Washington, D. C., entered an appearance for intervenor Southeast Alabama Gas District.

M. John Bowen, Jr., Columbia, S. C., entered appearances for intervenors South Carolina Public Service Commission and South Carolina Energy Management Office.

Jerome Ackerman, Washington, D. C., entered an appearance for intervenor Staffer Chemical Co.

Edward W. Stern, Philadelphia, Pa., entered an appearance for intervenor Philadelphia Gas Works.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge and AUBREY E. ROBINSON, Jr., United States District Judge for the District Court of the District of Columbia.


PER CURIAM:

Oral argument in these three groups of consolidated appeals was heard on November 21, 1974. In addition to the issues presented on the merits of petitioners' claims, we asked counsel in Consolidated Edison v. FPC to address themselves to a number of motions recently filed by petitioners, intervenors and the FPC, as respondent, in that case. We deal presently only with the problems raised in these motions, to which...

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