GULF OIL CORPORATION, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Philadelphia Gas Works, Texas Eastern Transmission Corporation, Milton Clark, Frederick W. Rose, and St. Regis Apartment, Ltd., on behalf of themselves and all others similarly situated (PGW's customers), Washington Urban League, Public Service Electric and Gas Company, Connecticut Public Utilities Control Authority, Massachusetts Department of Public Utilities, Rhode Island Division of Public Utilities and Carriers, Rhode Island Attorney General and Rhode Island Customers' Council (New England), Public Service Commission of the State of New York, the Brooklyn Union Gas Company, Philadelphia Electric Company, Intervenors.
CONNECTICUT PUBLIC UTILITIES CONTROL AUTHORITY, Massachusetts Department of Public Utilities, Rhode Island Division of Public Utilities and Carriers, Rhode Island Attorney General, and Rhode Island Consumers' Council, Petitioners,
v.
FEDERAL POWER COMMISSION, Respondent,
Philadelphia Gas Works, Gulf Oil Corporation, Bay State Gas Company, Boston Gas Company, Bristol and Warren Gas Company, Cape Cod Gas Company, Commonwealth Gas Company, the Connecticut Gas Company, Connecticut Natural Gas Corporation, Fall River Gas Company, the Hartford Electric Light Company, Town of Middleborough, Municipal Gas and Electric Department, New Bedford Gas and Edison Light Company, North Attleboro Gas Company, City of Norwich, Department of Public Utilities, Pequot Gas Company, Providence Gas Company, South County Gas Company, the Southern Connecticut Gas Company, Tiverton Gas Company, Public Service Electric and Gas Company, Milton Clark, Frederick W. Rose and St. Regis Apartments, Ltd. (PGW's customers), Algonquin Gas Transmission Company, Philadelphia Electric Company, Intervenors.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued June 7, 1977.
Decided September 7, 1977.
Attorney(s) appearing for the Case
Carroll L. Gilliam, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., for petitioners Gulf Oil in No. 76-2596 and as intervenor in 77-1050.
R. Daniel Prentiss, Dept. of Atty. Gen., Division of Civil Litigation & Charitable Trusts, Providence, R. I., for petitioners Connecticut Public Utilities Control Authority, et al.
Allan Abbot Tuttle, Sol. F. P. C., Washington, D.C., for respondent.
James W. McCartney, Vinson, Elkins, Searls, Connally & Smith, Houston, Tex., for intervenor, Texas Eastern Transmission Corp.
Morton L. Simons, Simons & Simons, Washington, D.C., for intervenor, Washington Urban League.
Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., Scott M. DuBoff, Edgar K. Parks, Attys., F.P.C., Washington, D.C., for Federal Power Commission.
Warren M. Sparks, Sparks & Sparks, Tulsa, Okl., B. James McGraw, Gulf Oil Corp., Houston, Tex., Carroll L. Gilliam, Keith R. McCrea, Craig W. Hulvey, Washington, D.C., for Gulf Oil Corp., of counsel, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C.
R. Daniel Prentiss, Sp. Asst. Atty. Gen., Dennis J. Roberts, II, Andrew L. Niven, Legal Analyst Southern New England Regulatory Project, Providence, R. I., for Connecticut Public Utilities Control Authority, et al.
Jack D. Head, Houston, Tex., James W. McCartney, Judy M. Johnson, Atty., Vinson & Elkins, Houston, Tex., for Texas Eastern Transmission Corp.
A. Grant Sprecher, Stephen Schachman, Barry J. Hart, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for Philadelphia Gas Works.
Thomas E. Wiener, Goodis, Greenfield, Henry & Edelstein, Philadelphia, Pa., for Customers of Philadelphia Gas Works.
Peter H. Schiff, Gen. Counsel, The Public Service Commission of the State of New York, Albany, N. Y., Richard A. Solomon, Sheila S. Hollis, Atty., Wilner & Scheiner, Washington, D.C., for The Public Service Commission of the State of New York.
Barbara M. Gunther, Atty., Michael W. Hall, Cullen & Dykman, Brooklyn, N. Y., for The Brooklyn Union Gas Co.
Morton L. Simons, Simons & Simons, Washington, D.C., Victor H. Kramer, David C. Vladeck, Institute for Public Interest Representation, Washington, D.C., for Washington Urban League.
Before SEITZ, Chief Judge, ALDISERT and ROSENN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
MAX ROSENN, Circuit Judge.
These petitions raise numerous questions concerning an order by the Federal Power Commission ("FPC") requiring Gulf Oil Corporation ("Gulf") to deliver to the pipelines of the Texas Eastern Transmission Company ("Texas Eastern") large quantities of natural gas. Gulf urges that the FPC order be set aside, several New England states ("New England")1...
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