PUBLIC SERVICE COM'N, ETC. v. FED. ENERGY REG. COM'N

No. 76-1352.

589 F.2d 542 (1978)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pennzoil Producing Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 28, 1978.


Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of State of N. Y., Albany, N. Y., was on the brief, for petitioner.

Allen M. Garten, Atty., Federal Energy Regulatory Com., Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Energy Regulatory Com., Washington, D. C., were on the brief, for respondent.

Alvin M. Owsley, Jr., Houston, Tex., with whom Jeron Stevens and John M. Young, Houston, Tex., were on the brief, for intervenor.

Before BAZELON, LEVENTHAL and ROBB, Circuit Judges.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

Dissenting opinion filed by Circuit Judge ROBB.

LEVENTHAL, Circuit Judge:

In this case we review an order of the Federal Power Commission (FPC). The order is one that approves a certificate for a natural gas producer under the optional certificate program. As indicated, we vacate the order and remand for further consideration by the FPC's successor, the Federal Energy Regulatory Commission (FERC...

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