CONSOLIDATED EDISON CO., NEW YORK, INC. v. F. P. C.

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

512 F.2d 1332 (1975)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Brick Institute of America, The Public Service Commission of the State of New York, Piedmont Natural Gas Company, Elizabethtown Gas Company, South New Jersey Gas Company, Atlanta Gas Light Company, Transcontinental Gas Pipe Line Corp., Public Service Company of North Carolina, Inc., North Carolina Natural Gas Corporation, Columbia Gas Transmission Corporation, Public Service Electric & Gas Company, United Cities Gas Company, Brooklyn Union Gas Company, New Jersey Board of Public Utility Commissioners, Brick Association of North Carolina, Washington Gas Light Company, South Carolina Public Service Commission and South Carolina Energy Management Office, General Motors Corporation, Staffer Chemical Company, Philadelphia Gas Works, Owens-Corning Fiberglas Corporation, American Textile Manufacturers Institute, Inc., and Long Island Lighting Company, Intervenors. STATE OF NORTH CAROLINA and North Carolina Utilities Commission, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Piedmont Natural Gas Company, Inc., Brick Institute of America, The Public Service Commission of the State of New York, Public Service Company of North Carolina, Transcontinental Gas Pipe Line Corporation, North Carolina Natural Gas Corporation, Consolidated Edison Company of New York, United Cities Gas Company, Washington Gas Light Company, Pomana Corporation, Brick Association of North Carolina, South Carolina Public Service Commission and South Carolina Energy Management Office, General Motors Corporation, Staffer Chemical Company, Philadelphia Gas Works, Owens-Corning Fiberglas Corporation, American Textile Manufacturers Institute, Inc., and Long Island Lighting Company, (LILCO), Intervenors. ALABAMA GAS CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Southeast Alabama Gas District, Atlanta Gas Light Company, Southern Natural Gas Company, South Carolina Electric & Gas Company, Brick Institute of America, Georgia Industrial Group, and Alabama Public Service Commission, Intervenors. BATTLE CREEK GAS COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, National Distillers and Chemical Corporation, Michigan Gas Storage Company, Panhandle Eastern Pipe Line Company, General Motors Corporation, Caterpillar Tractor Company, Mueller Brass Company, Corning Glass Works, Missouri Refractories, Anderson Clayton Foods, Columbia Gas Transmission Corporation, Johns-Manville Fiber Glass, Inc., and City of Indianapolis, et al., Intervenors. ATLANTA GAS LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, South Carolina Electric & Gas Company, Southern Natural Gas Company, Brick Institute of America and Georgia Industrial Group, Intervenors. MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Michigan Gas Storage Company, Anchor Hocking Corporation, Caterpillar Tractor Company, National Distillers & Chemical Corporation, Battle Creek Gas Company, et al., Panhandle Eastern Pipe Line Company, General Motors Corporation, Mueller Brass Company, Corning Glass Works, Inc., A. P. Green Refractories Company, et al., Anderson Clayton Foods, etc., Columbia Gas Transmission Corporation, Johns-Manville Fiber Glass, Inc., and City of Indianapolis, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1975.

Petition for Clarification Granted and Rehearing Denied July 25, 1975.


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, 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, Frederic 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, Washington, D. C., with whom Leo E. Forquer, Gen. Counsel, William J. Grealis, Thomas M. Walsh and John R. Staffier, 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 P. Stevens, Brooklyn, N. Y., 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. Edwards 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., Pittsburgh, Pa., 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, Littleton, Colo., 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 ROBINSON, Jr., United States District Judge for the District Court of the District of Columbia.


Petition for Clarification Granted and Rehearing Denied July 25, 1975. See 518 F.2d 448.

BAZELON, Chief Judge:

Petitioners in these cases are customers of natural gas pipelines subject to the jurisdiction of the FPC. The three pipelines involved, Transcontinental Gas Pipe Line Corporation (Transco),1 Southern Natural Gas Company (Southern),2 and Panhandle Eastern Pipe...

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