UNITED STATES STEEL CORP. v. F. P. C.

No. 74-2117.

533 F.2d 1217 (1976)

UNITED STATES STEEL CORPORATION, and Carnegie Natural Gas Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Central Illinois Public Service Co. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1976.

Rehearing Denied June 15, 1976.


Attorney(s) appearing for the Case

Max O. Truitt, Jr., Washington, D. C., with whom Alan S. Weitz, Cary B. Lerman, Washington, D. C., and Wayne L. Emery, Pittsburgh, Pa., were on the brief, for petitioner United States Steel Corp. and also argued for petitioner Carnegie Natural Gas Co.

Allan Abbott Tuttle, Solicitor, F. P. C., Washington, D. C., for respondent. Drexel D. Journey, Gen. Counsel, F. P. C., John R. Staffier and William J. Grealis, Attys., F. P. C., Washington, D. C., were on the brief, for respondent.

Tilford A. Jones, Edward H. Gerstenfield, Bethesda, Md., and Gregory B. McBride, Silver Spring, Md., were on the brief for petitioner Carnegie Natural Gas Co.

J. Richard Tiano and James K. Mitchell, Washington, D. C., were on the brief for intervenors Arkansas-Missouri Power Co., Associated Natural Gas Co., Central Illinois Public Service Co., and Mississippi Valley Gas Co.

Barbara M. Gunther and James P. Slattery, Brooklyn, N. Y., were on the brief for intervenor The Brooklyn Union Gas Co.

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

Francis J. McShalley, Washington, D. C., entered an appearance for intervenor Algonquin Gas Transmission Corp.

Platt W. Davis, III, Washington, D. C., entered an appearance for intervenor Texas Eastern Transmission Corp.

Before TOM CLARK, Associate Justice of the Supreme Court of the United States, and ROBINSON and MacKINNON, Circuit Judges.


Opinion for the court by Mr. Justice CLARK.

Mr. Justice CLARK:

Once again the application of Federal Power Commission Order No. 467 and its progeny are under attack. This time the attack is brought by United States Steel Corporation (USS) and its wholly owned subsidiary, Carnegie Natural Gas Company (Carnegie), petitioners. Carnegie, a gas distribution company, purchases gas for resale to USS for use in the latter's ammonia and steel producing facilities in...

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