PUBLIC SER. COM'N FOR ST. OF N. Y. v. FEDERAL PO. COM'N

Nos. 71-1828, 71-1836, 71-1911, 71-1913, 71-1930, 71-1988 to 71-1991, 71-2015, 71-2020, 71-2025, 71-2055, 72-1071.

516 F.2d 746 (1975)

PUBLIC SERVICE COMMISSION FOR the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Atlantic Richfield Co., Mobil Oil Corporation, The United Distribution Companies, Associated Gas Distributors, Continental Oil Company, Superior Oil Company, Humble Oil and Refining Co., American Public Gas Association, Shell Oil Company, Union Oil Company of California, Gulf Oil Corporation, Texaco, Inc., General American Oil Company of Texas, Ashland Oil Inc., Forest Oil Corporation, Callery Properties, et al., Inc., Sun Oil Company, State of Texas, Amerada Hess Corporation, Marathon Oil Company, Skelly Oil Company, California Company, Puenticitas Oil Company, Hunt Oil Company, et al., Cities Service Oil Company, Sohio Petroleum Company, Phillips Petroleum Company, Tenneco Oil Company, and Blanco Oil Company, Intervenors. MOBIL OIL CORPORATION, Petitioner v. FEDERAL POWER COMMISSION, Respondent, Gulf Oil Corporation, Shell Oil Company, Humble Oil and Refining Company, Skelly Oil Company, Puenticitas Oil Company, the California Company, Cities Service Oil Company, Texaco, Inc., Atlantic Richfield Co., Tenneco Oil Co., and Phillips Petroleum Co., Intervenors. GULF OIL CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company, Intervenor. SOHIO PETROLEUM COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company and Gulf Oil Corporation, Intervenors. CONTINENTAL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company and Gulf Oil Corporation, Intervenors. HUMBLE OIL AND REFINING COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company, Associated Gas Distributors, Sun Oil Company, Cities Service Oil Company, the California Company, and United Distribution Companies, Intervenors. SHELL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company and United Distribution Companies, Intervenors. The SUPERIOR OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company, Cities Service Oil Company, and United Distribution Companies, Intervenors. The CALIFORNIA COMPANY, a Division of Chevron Oil Company, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Pennzoil Producing Company, Intervenor. TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company and Getty Oil Company, Intervenors. AMOCO PRODUCTION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company, Intervenor. AMERADA HESS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The California Company, Intervenor. PHILLIPS PETROLEUM COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, The United Distribution Companies, Intervenor. HUNT OIL COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1975.


Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D. C., for petitioner in No. 71-1828. Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., and Michael H. Rosenbloom, Washington, D. C., were on the memorandum for petitioner in No. 71-1828.

Thomas G. Johnson, Houston, Tex., with whom William G. Riddoch and William A. Wood, Jr., Houston, Tex., were on the memorandum for petitioner in No. 71-1989 and intervenor Shell Oil Co.

Carroll L. Gilliam, Washington, D. C., with whom Philip R. Ehrenkranz, Washington, D. C., Tom P. Hamill, Houston, Tex., and Robert D. Haworth, Houston, Tex., were on the memorandum for petitioner in No. 71-1836 and intervenor Mobil Oil Corp.

John R. Staffier, Atty., Federal Power Commission, with whom Drexel D. Journey, Acting Gen. Counsel and George W. McHenry, Jr., Sol., Federal Power Commission, were on the memorandum for respondent.

Martin N. Erck and Paul W. Wright, Houston, Tex., were on the memorandum for petitioner in No. 71-1988 and intervenor Exxon Corp.

David G. Stevenson, Tulsa, Okl., was on the memorandum for petitioner in No. 71-2025 and intervenor Amerada Hess Co.

William H. Emerson, Tulsa, Okl., was on the memorandum for petitioner in No. 71-2020.

Tom Burton, Houston, Tex., was on the memorandum for petitioner in No. 71-1930 and intervenor Continental Oil Co.

Justin R. Wolf, Washington, D. C., was on the memorandum for petitioner in No. 71-1991 and intervenor, The California Co., a Division of Chevron Oil Co.

Warren M. Sparks and B. James McGraw, Tulsa, Okl., were on the memorandum for petitioner in No. 71-1911 and intervenor Gulf Oil Corp.

Robert W. Henderson and Paul W. Hicks, Dallas, Tex., were on the memorandum for petitioners in No. 72-1071 and intervenor Hunt Oil Co., and others.

John L. Williford, Bartlesville, Okl., was on the memorandum for petitioner in No. 71-2055 and intervenor, Phillips Petroleum Co.

Richard F. Remmers, Oklahoma City, Okl., was on the memorandum for petitioner in No. 71-1913 and intervenor Sohio Petroleum Co.

H. W. Varner, Pat F. Timmons, Houston, Tex., and Scott P. Anger, Washington, D. C., were on the memorandum for petitioner in No. 71-1990 and intervenor The Superior Oil Co.

Kirk W. Weinert, C. Fielding Early, Jr., and Roger L. Brandt, Houston, Tex., were on the memorandum for petitioner in No. 71-2015 and intervenor Texaco, Inc.

John T. McMahon, New Orleans, La., were on the memorandum for intervenor Ashland Oil Inc.

Edward J. Kremer, Jr., Dallas, Tex., and Charles E. McGee, Washington, D. C., were on the memorandum for intervenor Atlantic Richfield Co.

Richard F. Generelly, Washington, D. C., was on the memorandum for intervenors Callery Properties Inc., and others, Forest Oil Corp. and General American Oil Co. of Texas.

Sam Riggs, Jr., Tulsa, Okl., was on the memorandum for intervenor Cities Service Oil Co.

William A. Sackmann, Findlay, Ohio, was on the memorandum for intervenor Marathon Oil Co.

Cecil N. Cook, Houston, Tex., was on the memorandum for intervenor Puenticitas Oil Co.

Ronald J. Jacobs and David C. Henri, Tulsa, Okl., were on the memorandum for intervenor Skelly Oil Co.

Stanley M. Morley, Washington, D. C., was on the memorandum for intervenor Sun Oil Co.

Kenneth L. Riedman, Jr., Los Angeles, was on the memorandum for intervenor Union Oil Co. of California.

Frederick Moring, Washington, D. C., was on the memorandum for intervenor Associated Gas Distributors.

John E. Watson, Houston, Tex., entered an appearance for intervenor Tenneco Oil Co.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and RICHEY, United States District Judge for the United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

Our first opinion in this case, issued on August 24, 1973,1 vacated the order of the Federal Power Commission in the Texas Gulf Coast Area case (Opinion No. 595) and remanded for further proceedings. Petitions for certiorari were filed by several parties. On June 17, 1974, the Supreme Court issued a mandate2 vacating our...

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