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BASIN, INC. v. FEDERAL ENERGY ADMINISTRATION

No. 5-21.

552 F.2d 931 (1977)

BASIN, INC., Plaintiff-Appellee, v. FEDERAL ENERGY ADMINISTRATION and Frank Zarb, Individually and as Administrator of the Federal Energy Administration, Defendants-Appellants, Independent Refiners Association of America, amicus curiae.

Temporary Emergency Court of Appeals.

Decided March 7, 1977.

Attorney(s) appearing for the Case

Bruce G. Forrest, Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., and Stanley D. Rose, Dept. of Justice, Washington, D. C., with him on the brief) for appellants.

Edwin Jason Dryer, Washington, D. C., for amicus curiae.

Cecil E. Munn, Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex.; and Northcutt Ely, Washington, D. C., with him on the brief for appellee.

Before INGRAHAM, VAN OOSTERHOUT and JOHNSON, Judges.

JOHNSON, Judge.

This case involves the validity of 10 C.F.R. § 211.63, a regulation of the Federal Energy Administration (FEA hereinafter) commonly known as the "supplier-purchaser freeze" rule. In 1973, Congress passed the Emergency Petroleum Allocation Act1 in response to problems that it perceived in the petroleum industry. A notable cause of these difficulties was the Arab oil embargo. The Act required FEA to allocate the distribution...

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