CONSOLIDATED GAS SUPPLY CORP. v. F. P. C.

Nos. 74-1343, 74-1393, 74-1395, 74-1463, 74-1489.

520 F.2d 1176 (1975)

CONSOLIDATED GAS SUPPLY CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipeline Company, Memphis Light, Gas & Water Division, New Orleans Public Service, Inc., Public Service Commission of the State of New York, Texas Gas Transmission Corporation, Entex, Inc., State of Louisiana and Louisiana Municipal Association, Louisiana Gas Service Co., Intervenors. COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Memphis Light, Gas & Water Division, United Gas Pipeline Co., the Public Service Commission of the State of New York, Texas Gas Transmission Corporation, Entex, Inc., New Orleans Public Service Inc., the State of Louisiana and Louisiana Municipal Association, Southern Natural Gas Company, Intervenor. MEMPHIS LIGHT, GAS & WATER DIVISION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipeline Company, the Public Service Commission of the State of New York, Texas Gas Transmission Corp., Entex, Inc., New Orleans Public Service, Inc., the State of Louisiana and Louisiana Municipal Association, Texas Eastern Transmission Corporation, Laclede Gas Company, Louisiana Gas Service Company, Intervenors. STATE OF LOUISIANA and Louisiana Municipal Association, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, United Gas Pipeline Co., Entex, Inc., Mississippi River Transmission Corporation, Louisiana Gas Service Company, Intervenors. UNITED GAS PIPELINE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, New Orleans Public Service, Inc., Public Service Commission of the State of New York, Entex, Inc., Louisiana Gas Service Company, State of Louisiana and Louisiana Municipal Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1975.


Attorney(s) appearing for the Case

Charles R. Brown, Washington, D. C., of the bar of the Supreme Court of Wisconsin, pro hac vice by special leave of court with whom Norman A. Flaningam, Washington, D. C., George L. Weber, Washington, D. C., Daniel L. Bell, Jr., and Giles D. H. Snyder, Charleston, W. Va., were on the brief, for petitioner in No. 74-1343 and 74-1393.

Reuben Goldberg, Washington, D. C., with whom George E. Morrow, Memphis, Tenn., was on the brief for petitioner in No. 74-1395 also entered an appearance for intervenor Memphis Light, Gas and Water Division.

Arnold D. Berkeley, Washington, D. C., with whom David R. Straus, Washington, D. C., was on the brief for petitioners in No. 74-1463, also entered appearances for intervenors State of Louisiana and Louisiana Municipal Assn.

Stephen A. Wakefield, Washington, D. C., with whom Robert A. Webb, Alvin M. Owsley, Jr., William B. Cassin, Phillip D. Endom and I. Jay Golub, Houston, Tex., were on the brief for petitioner in No. 74-1489 and intervenor United Gas Pipeline Co.

Charles E. Bullock, Atty., Federal Power Commission, with whom Drexel D. Journey, Acting Gen. Counsel, George W. McHenry, Jr., Solicitor and Richard A. Oliver, Atty., Federal Power Commission, were on the brief for respondent. William M. Sawyer, Atty., Federal Power Commission, also entered an appearance for respondent.

Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, 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.

Christopher T. Boland, Washington, D. C., was on the brief for intervenor Texas Gas Transmission Corp.

William W. Bedwell and John J. Mullally, Washington, D. C., were on the brief for intervenor Mississippi River Transmission Corp.

Platt W. Davis, III, Washington, D. C., and J. Evans Attwell, Houston, Tex., were on the brief for intervenor Texas Eastern Transmission Corp.

Clayton L. Orn, Houston, Tex., was on the brief for intervenor New Orleans Public Service, Inc.

Jefferson D. Giller, Houston, Tex. and Michael J. Manning, Washington, D. C., entered appearances for intervenor Entex, Inc.

Philip C. Wrangle, Birmingham, Ala., entered an appearance for intervenor Southern Natural Gas Co.

J. David Mann, Jr., Washington, D. C., entered an appearance for intervenor Laclede Gas Co.

H. Sloan McCloskey, New Orleans, La., entered an appearance for intervenor Louisiana Gas Service Co.

Before BAZELON, Chief Judge, FAHY, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

Petitioners seek review of Opinion No. 671 of the Federal Power Commission1 and its Opinion No. 671-A2 and order on rehearing which establish principles for the setting of rates for jurisdictional sales of natural gas by the United Gas Pipeline Company. In evaluating the rate tariff proposed by United, the FPC made marked...

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