SOUTHERN CALIFORNIA EDISON CO. v. F. P. C.

Nos. 74-1043, 74-1046.

524 F.2d 409 (1975)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, American Smelting and Refining Co. et al., Arizona Public Service Company, San Diego Gas & Electric Company, Southern California Gas Co., Tucson Gas & Electric Co., Nevada Industrial Customers General Motors Corporation, the People of the State of California, Southwest Gas Corporation, Salt River Project Agricultural Improvement District, and Johns-Manville Products Corporation, Intervenors. DEPARTMENT OF WATER AND POWER OF the CITY OF LOS ANGELES, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, American Smelting and Refining Company, Compania Minera De Cananea, S. A. Inspiration Consolidated Copper Company, Kennecott Copper Corp., Arizona Public Service Company, San Diego Gas & Electric Company, Southern California Gas Company, Tucson Gas & Electric Co., Nevada Industrial Customers, et al., General Motors Corporation, People of the State of California et al., Southwest Gas Corporation, Salt River Project Agricultural Improvement and Power District, and Johns-Manville Products Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 1975.


Attorney(s) appearing for the Case

Arthur T. Devine, Los Angeles, Cal., and Rollin E. Woodbury, Rosemead, Cal., with whom Edward C. Farrell, Los Angeles, Cal., H. Robert Barnes and Alan M. Nedry, Rosemead, Cal., were on the brief for petitioners.

A. Lee Wallace, Atty., F. P. C., with whom Leo E. Forquer, Gen. Counsel and George W. McHenry, Jr., Sol., and John R. Staffier, Atty., F. P. C., were on the brief for respondent. Richard A. Oliver, Atty., F. P. C., also entered an appearance for respondent.

Jerome Ackerman and James R. McCotter, Washington, D. C., were on the brief for intervenors, American Smelting and Refining Co., Compania Minera De Cananea S. A. De C. V. Inspiration Consolidated Copper Co., Kennecott Copper Corp.

Sherman Chickering, C. Hayden Ames, Donald J. Richardson, Jr., and David R. Pigott, San Francisco, Cal., were on the brief for intervenor, San Diego Gas & Electric Co.

Henry F. Lippitt, II, Los Angeles, Cal., was on the brief for intervenor Nevada Industrial Customers.

Edward J. Grenier, Jr., Richard P. Noland, Washington, D. C., Richard J. Pierce, Jr., and Ronald L. Winkler, Washington, D. C., were on the brief for intervenor General Motors Corp.

John P. Mathis, Washington, D. C., J. Calvin Simpson and Lawrence Q. Garcia, San Francisco, Cal., were on the brief for intervenors, People of the State of California and the Public Utilities Commission of the State of California.

Thomas D. Clarke, Los Angeles, Cal., entered an appearance for intervenor Southern California Gas Co.

Thomas F. Brosnan, Washington, D. C., entered an appearance for intervenor Tucson Gas & Electric Co.

Leonard L. Snaider, Las Vegas, Nev., entered an appearance for intervenor Southwest Gas Corp.

William R. Duff, and Henry E. Brown, Washington, D. C., entered appearances for intervenor, Salt River Project Agricultural Improvement and Power District.

George Mabry, Englewood, Colo., entered an appearance for intervenor Johns-Manville Products Corp.

Peyton G. Bowman, III and Richard T. Witt, Washington, D. C., entered appearances for intervenor, Arizona Public Service Co.

Before BAZELON, Chief Judge, MacKINNON, Circuit Judge and CHRISTENSEN, Senior District Judge for the District of Utah.


MacKINNON, Circuit Judge:

Petitioners Southern California Edison Company (Edison) and Department of Water and Power of Los Angeles (DWP) appeal the dismissal by the Federal Power Commission (FPC) of their joint petition for extraordinary relief from curtailment of their natural gas deliveries under an interim curtailment plan of the El Paso Natural Gas Company. The Commission ruled that the petitioners' complaint was essentially a matter of "local concern, which should...

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