PHILLIPS v. FEDERAL ENERGY REGULATORY COM'N

No. 77-2324.

586 F.2d 465 (1978)

H. S. PHILLIPS et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

December 15, 1978.


Attorney(s) appearing for the Case

John R. Staffier, Washington, D. C., for petitioners.

Allan A. Tuttle, Sol., Joseph G. Stiles, Atty., Drexel D. Journey, Gen. Counsel, Federal Power Commission, Washington, D. C., for respondent.

Arthur S. Kallow, Joseph M. Wells, Paul E. Goldstein, Chicago, Ill., for Natural Gas Pipeline Co. of America.

Before BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.


RONEY, Circuit Judge:

The Federal Energy Regulatory Commission would require nonoperating nonsignatory owners who sell natural gas pursuant to the operator's rate schedule to adhere to that schedule regardless of the exercise of a contractual right to revoke. Accordingly, the Commission rejected unilateral rate increases filed by small producers under section 4 of the Natural Gas Act, even though they had properly revoked the authorization to sell under the operator...

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