CITIES SERV. GAS CO. v. FEDERAL POWER COM'N

No. 75-1291.

535 F.2d 1278 (1976)

CITIES SERVICE GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Western Natural Gas Company, and Atlantic Richfield Company, Respondent, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1976.


Attorney(s) appearing for the Case

Melvin Richter, Washington, D.C., with whom Harry S. Littman, Dale A. Wright, Washington, D.C., and Daniel R. Hopkins, Oklahoma City, Okl., were on the brief for petitioner.

Philip R. Telleen, Atty., Federal Power Commission, Washington, D.C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Sol., Washington, D.C., were on the brief for respondent. John R. Staffier, Atty., Federal Power Commission, Washington, D.C., also entered an appearance for respondent.

Carroll L. Gilliam, Washington, D.C., with whom Keith R. McCrea and John C. Dawson, Washington, D.C., were on the brief for intervenor, Western Natural Gas Co.

Charles E. McGee, Washington, D.C., with whom Edward J. Kremer, Jr., and David Aston, Dallas, Tex., were on the brief for intervenor, Atlantic Richfield Co.

Before MacKINNON and WILKEY, Circuit Judges, and MERHIGE, United States District Judge for the Eastern District of Virginia.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Petitioner, Cities Service Gas Company (Cities) asks this court to set aside two unreported Federal Power Commission orders — one dated 23 January 1975,1 which terminated FPC Docket No. RI60-2132 and permitted Western Natural Gas Company (Western) and Atlantic Richfield Company (ARCO) to make refunds to Cities pursuant...

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