CONSUMER FEDERATION OF AMERICA v. F. P. C.

No. 73-2009.

515 F.2d 347 (1975)

CONSUMER FEDERATION OF AMERICA et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, The Public Service Commission for the State of New York et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 1975.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D. C., with whom Edward Berlin, Washington, D. C., was on the brief, for petitioners.

William J. Grealis, Atty., Federal Power Commission for respondent. Leo E. Forquer, Gen. Counsel, Federal Power Commission, George W. McHenry, Jr., Solicitor and William M. Sawyer, Atty., Federal Power Commission were on the brief for respondent.

Christopher T. Boland, Washington, D. C., with whom Robert G. Hardy and Thomas F. Ryan, Jr., Washington, D. C., were on the brief for intervenors Texas Gas Transmission Corp. and Transcontinental Gas Pipe Line Corp.

Frederick Moring, Richard G. Morgan and Stephen J. Small, Washington, D. C., were on the brief for intervenor Associated Gas Distributors.

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

Robert A. Jablon entered an appearance for Senators Humphrey, McGovern, Metcalf, Moss, Mondale and Proxmire and Representatives Aspin, George Brown, Eckhardt, Fraser, Moss and Reid as amicus curiae.

Before DANAHER, Senior Circuit Judge, and LEVENTHAL and WILKEY, Circuit Judges.


LEVENTHAL, Circuit Judge:

Petitioners seek review of 1973 Federal Power Commission orders, Order 491 and its supplements, which were based on projected gas shortages during the 1973-74 winter heating season. The challenged orders, for convenience referred to collectively as Order 491, exempted from the certification requirement of section 7 of the Natural Gas Act sales of 180 days duration made to pipelines experiencing or facing threatened curtailment of service...

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