MOSS v. FEDERAL POWER COMMISSION

Nos. 72-1837, 72-1846, 72-1892.

502 F.2d 461 (1974)

John E. MOSS et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Mobil Oil Corporation et al., Intervenors. AMERICAN PUBLIC GAS ASSOCIATION et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Mobil Oil Corporation and Associated Gas Distributors, City of Chicago, Intervenors. AMOCO PRODUCTION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company and Mobil Oil Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 1974.

Rehearing Denied September 19, 1974.


Attorney(s) appearing for the Case

Morton L. Simons, Washington, D. C., with whom Barbara M. Simons, Washington, D. C., was on the brief for petitioners in Nos. 72-1837 and 72-1846.

William H. Emerson, Tulsa, Okl., for petitioner in No. 72-1892.

George W. McHenry, Jr., Acting Sol., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel, Michael J. Manning and Joan E. Heimbigner, Attys., Federal Power Commission, were on the brief for respondent.

Charles F. Wheatley, Jr., William T. Miller and Edward Berlin, Washington, D. C., were on the brief for petitioners in No. 72-1846.

Tom P. Hamill, Houston, Tex., Carroll L. Gilliam and Philip R. Ehrenkranz, Washington, D. C., were on the brief for intervenor, Mobil Oil Corp.

Peter H. Schuck and Marsha N. Cohen, Washington, D. C., were on the brief for intervenor, Consumers Union of United States, Inc.

Hamilton Treadway filed a brief as amicus curiae urging reversal.

Tom Burton, Houston, Tex., entered an appearance for intervenor, Continental Oil Co.

John E. Holtzinger, Jr., Washington, D. C., entered an appearance for intervenor, Associated Gas Distributors.

Richard A. Solomon, Washington, D. C., entered an appearance for intervenor, Public Service Commission, for the State of New York.

Before TAMM, MacKINNON and ROBB, Circuit Judges.


ROBB, Circuit Judge:

The petitioners challenge a rule issued by the Federal Power Commission by Orders Nos. 455 and 455-A, pursuant to a rulemaking procedure in Commission Docket No. R-441.

I.

The notice of proposed rulemaking in Docket No. R-441 proposed to amend the Commission's General Rules of Practice and Procedure by inserting a new "Section 2.75 Optional Procedure for Certificating New Producer Sales of Natural Gas". In the notice the Commission...

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