PHILADELPHIA GAS WORKS v. FEDERAL POWER COMMISSION

No. 76-1357.

557 F.2d 840 (1977)

PHILADELPHIA GAS WORKS, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Piedmont Natural Gas Company, Brooklyn Union Gas Company, Washington Gas Light Company, Long Island Lighting Company, Public Service Commission of the State of New York, Consolidated Edison Company of New York, Inc., North Carolina Natural Gas, Transcontinental Gas Pipe Line Corp., Public Service Company of North Carolina, Inc., Carolina Pipeline Company, General Motors Corporation, American Textile Manufacturers Institute, Inc., Gas Section, Georgia Municipal Association, Farmers Chemical Association, Inc., Public Service Electric and Gas Co., South Jersey Gas Company, Owens-Corning Fiberglas Corporation, Public Service Commission of the State of South Carolina, Columbia Gas Transmission Corporation, City of Danville, Virginia, Atlanta Gas Light Company, Philadelphia Electric Company, Commonwealth Natural Gas Corporation, Delmarva Power & Light Company, Consolidated Gas Supply Corporation, State of North Carolina and North Carolina Utilities Commission, Commissioners of Public Works of Greenwood, South Carolina, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 9, 1977.


Attorney(s) appearing for the Case

Stephen Schachman, Philadelphia, Pa., for petitioner.

Philip R. Telleen, Atty., F.P.C., Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Sol., F.P.C., Washington, D. C., were on the brief, for respondent.

Melvin Richter, Dale A. Wright and Gregory Grady, Washington, D. C., were on the brief, for intervenor, Piedmont Natural Gas Co., Inc.

Joseph P. Stevens, Barbara M. Gunther and Alvin Adelman, Brooklyn, N. Y., were on the brief, for intervenor The Brooklyn Union Gas Co.

William I. Harkaway, Washington, D. C., was on the brief, for intervenor Consolidated Edison Co. of New York, Inc.

Thomas F. Ryan, Jr. and Robert G. Hardy, Washington, D. C., were on the brief for intervenor, Transcontinental Gas Pipe Line Corp.

John E. Holtzinger, Jr. and Paul H. Keck, Washington, D. C., were on the brief, for intervenor, Atlanta Gas Light Co.

Norman A. Flaningam, Washington, D. C., was on the brief for intervenor, Consolidated Gas Supply Corp.

Daryal A. Myse, Washington, D. C., was on the brief for intervenor Gas Section, Georgia Municipal Association. Dean George Hill, Washington, D. C., also entered an appearance for intervenor Gas Section, Georgia Municipal Association. John S. Schmid and Paul W. Fox, Washington, D. C., were on the brief for intervenor Delmarva Power & Light Co.

Edward S. Kirby and James R. Lacey, Newark, N. J., were on the brief, for intervenor Public Service Electric & Gas Company.

Morton L. Simons, Washington, D. C., was on the brief for intervenors State of North Carolina and North Carolina Utilities Commission.

Nathan Kaminski and Robert T. Bockman, Columbia, S. C., were on the brief for intervenor, South Carolina Public Service Commission.

Susan A. Low, Washington, D. C., entered an appearance for intervenor Washington Gas Light Co.

Robert C. Richards, New York City, entered an appearance for intervenor Long Island Lighting Co.

Richard A. Solomon, Washington, D. C., entered an appearance for intervenor The Public Service Commission of the State of New York.

Donald W. McCoy, Fayetteville, N. C., entered an appearance for intervenor North Carolina Natural Gas.

F. Kent Burns, Raleigh, N. C., entered an appearance for intervenor Public Service Company of North Carolina, Inc.

Stanley M. Morley and Robert G. Simon, Washington, D. C., entered an appearance for intervenor Carolina Pipeline Co.

Edward J. Grenier, Jr., Richard P. Noland and Richard J. Pierce, Jr., Washington, D. C., entered appearances for intervenor, General Motors Corp.

Ronald D. Eastman, Washington, D. C., entered an appearance for intervenor, American Textile Manufacturers Institute, Inc.

Stephen A. Herman, Washington, D. C., entered an appearance for intervenor Farmers Chemical Association, Inc.

Raymond D. Hurley, Washington, D.C., entered an appearance for intervenor Owens-Corning Fiberglas Corporation.

Leonard Sargeant, III, John D. Daley and Giles D. H. Snyder, Charleston, W. Va., entered appearances for intervenor Columbia Gas Transmission Corp.

Northcutt Ely, Frederick H. Ritts and Robert F. Pietrowski, Jr., Washington, D. C., entered appearances for intervenor The City of Danville, Virginia.

Eugene J. Bradley, Philadelphia, Pa., entered an appearance for intervenor, Philadelphia Electric Co.

James O. Watts, Jr., Lynchburg, Va., entered an appearance for intervenor Commonwealth Natural Gas Corp.

William B. Patrick, Jr., Greenwood, S. C., entered an appearance for intervenor, Commissioners of Public Works of Greenwood, South Carolina.

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


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

This case is before us on a petition to review an order of the Federal Power Commission approving an interim curtailment plan for the Transcontinental Gas Pipe Line Corp. (Transco) interstate transmission system for the period from November 16, 1975 to October 31, 1976. The Commission approved an interim settlement agreement (ISA) which was approved by all of Transco's customers...

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