HENRY v. F. P. C.

Nos. 73-2090, 73-2166, 73-2236, 74-1045.

513 F.2d 395 (1975)

Alice HENRY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company et al., Intervenors. ENVIRONMENTAL DEFENSE FUND, INC., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Public Service Commission of the State of New York et al., Intervenors. PEOPLE OF the STATE OF CALIFORNIA and the Public Utilities Commission of the State of California, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Columbia Coal Gasification Corporation et al., Intervenors. TRANSWESTERN COAL GASIFICATION COMPANY et al., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 1975.


Attorney(s) appearing for the Case

James W. McCartney, Houston, Tex., with whom C. Michael Harrington, Houston, Tex., and K. R. Edsall, Los Angeles, Cal., were on the brief for petitioner in No. 74-1045 and intervenor Transwestern Coal Gas Co. in Nos. 73-2096, 73-2166 & 73-2236.

William H. Booth, Berkeley, Cal., with whom John P. Mathis and J. Calvin Simpson, San Francisco, Cal., were on the brief for petitioner in No. 73-2236. Also Lawrence Q. Garcia, San Francisco, Cal., entered an appearance in No. 73-2236.

Clifton E. Curtis, Washington, D. C., with whom Edward Berlin, Washington, D. C., was on the brief for petitioner in No. 73-2166.

Richard A. Oliver, Atty., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel and George W. McHenry, Jr., Sol., Washington, D. C., were on the brief for respondent.

William A. Wood, Jr., Houston, Tex., with whom Thomas G. Johnson and William G. Riddock, Houston, Tex., were on the brief for intervenor, Shell Oil Co.

Kirk W. Weinert and C. Fielding Early, Jr., Houston, Tex., were on the brief for intervenor, Texaco Inc., also John N. Young, Houston, Tex., entered an appearance for Texaco.

William J. Bonner, Dallas, Tex., was on the brief for intervenor, Atlantic Richfield Co.

John L. Williford and Charles Larry Pain, Bartlesville, Okl., were on the brief for intervenor, Phillips Petroleum Co., Kenneth Heady, Bartlesville, Okl., also entered an appearance for intervenor Phillips Petroleum.

Martin N. Erck and John H. Cooper, Jr., Houston, Tex., were on the brief for intervenor Exxon Corp. Also John R. Rebman and Paul W. Wright, Houston, Tex., entered appearances for intervenor, Exxon Corp.

Penn J. Williamson, Birmingham, Ala., was on the brief for intervenor, Southern Natural Gas Co.

Richard A. Rosan and John F. Sisson, Wilmington, Del., were on the brief for intervenor, Columbia Coal Gasification Corp.

Richard W. Hughes and Robert M. Strumor, Shiprock, N. M., were on the brief for petitioner in No. 73-2090.

Clifton E. Curtis and Edward Berlin, Washington, D. C., were on the brief for petitioner in No. 73-2166.

Tom Burton, Houston, Tex., also entered an appearance as Intervenor Continental Oil Co.

Richard A. Solomon, Peter H. Schiff and Michael H. Rosenbloom, Washington, D. C., entered appearances for intervenor, Public Service Commission for the State of New York.

Daniel L. Bell, Jr., Charleston, West Va., was on the brief for intervenor Columbia Gas Transmission Corp.

Graydon D. Luthey, Tulsa, Okl., was on the brief for Cities Service Gas Co.

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


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case raises the question of whether the jurisdiction of the Federal Power Commission (FPC) under the Natural Gas Act (Act), 15 U.S.C. § 717 et seq. (1970), extends to the production, transportation, and sale of unmixed synthetic gas produced from coal. The Commission has ruled that it has no jurisdiction over this kind of gas...

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