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HIGHLAND RESOURCES, INC. v. F. P. C.

Nos. 75-3341, 75-3359, 75-3396.

537 F.2d 1336 (1976)

HIGHLAND RESOURCES, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent. George R. BROWN, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. HIGHLAND RESOURCES, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

September 3, 1976.

Attorney(s) appearing for the Case

James W. McCartney, Judith M. Johnson, Jack L. Bianchi, Houston, Tex., for petitioners.

Drexel D. Journey, Gen. Counsel, Allan Abbot Tuttle, Sol., Steven A. Taube, Atty., FPC, Washington, D.C., for respondent.

Before CLARK, RONEY and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

In these consolidated appeals both petitioners, Highland Resources, Inc., (Highland) and Brown, assert that the Federal Power Commission (FPC) wrongfully refused to grant them small producer certificates. In addition, Highland appeals the FPC's refusal to waive large producer filing requirements while its application for small producer certification was pending. We will discuss each of these issues in turn.

I

Under FPC Order...

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