STATE OF LOUISIANA v. FEDERAL POWER COMMISSION

Nos. 73-1994, 73-2146.

533 F.2d 1239 (1976)

STATE OF LOUISIANA et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipe Line Company et al., Intervenors, INTERNATIONAL PAPER COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Gulf States Utilities Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 5, 1976.


Attorney(s) appearing for the Case

Arnold D. Berkeley, Washington, D. C., with whom David R. Straus, Washington, D. C., was on the brief, for petitioners in No. 73-1994 and intervenor in 73-2146.

James R. McCotter, Washington, D. C., with whom Jerome Ackerman, Washington, D. C., was on the brief for petitioners in No. 73-2146.

William J. Grealis, Atty., F. P. C., Washington, D. C., with whom Leo E. Forquer, Gen. Counsel and George W. McHenry, Jr., Sol., F. P. C., Washington, D. C., were on the brief for respondent.

Jeron Stevens, Houston, Tex., with whom Perry Barber and William B. Cassin, Houston, Tex., were on the brief for intervenor United Gas Pipe Line Co.

John T. Miller, Jr., Washington, D. C., was on the brief for intervenors Monsanto Co. and Texasgulf Inc.

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

William Warfield Ross, Washington, D. C., and Richard A. Brown, Washington, D. C., were on the brief for intervenors, State of Louisiana, Louisiana Municipal Assn. and Louisiana Public Service Commission.

John P. Furman, Silver Spring, Md., was on the brief for intervenor Boise Southern Co.

Before BAZELON, Chief Judge, and MacKINNON and ROBB, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

The petitioners challenge orders of the Federal Power Commission granting a certificate of public convenience and necessity to United Gas Pipeline Company (United) for facilities and services in its New Orleans Division. Pursuant to section 7(c) of the Natural Gas Act the certificate was issued by Opinion No. 661 (50 FPC 181) and Opinion No. 661-A, (50 FPC 779) denying rehearing.

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