PHILLIPS PET. CO. v. DEPARTMENT OF ENERGY

Civ. A. Nos. 77-90, 77-130, 77-131, 77-144, 77-155 and 77-407.

449 F.Supp. 760 (1978)

PHILLIPS PETROLEUM COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY, Defendant. TENNECO OIL COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY et al., Defendants. PENNZOIL COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY et al., Defendants. COASTAL STATES GAS CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY et al., Defendants. CONTINENTAL OIL COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY et al., Defendants. AMERADA HESS CORPORATION, Plaintiff, v. DEPARTMENT OF ENERGY, Defendant.

United States District Court, D. Delaware.

March 9, 1978.


Attorney(s) appearing for the Case

S. Samuel Arsht and William O. LaMotte, III, of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for all plaintiffs.

Paul J. Mode, Jr., Michael S. Helfer, Stewart A. Block, William J. Perlstein, and Paul Koffsky of Wilmer, Cutler & Pickering, Washington, D.C., for Phillips Petroleum Co.

John P. Mathis and Thomas J. Eastment of Baker & Botts, Washington, D.C., for Tenneco Oil Co. and Pennzoil Co.

David J. Beck, Laurance C. Mosher, Jr., and O. David Stephens of Fulbright & Jaworski, Houston, Tex., for Coastal States Gas Corp.

Rush Moody, Jr., Michael J. Henke, Mary Jane Reynolds and F. Shaun Burns of Vinson & Elkins, Washington, D.C., for Continental Oil Co.

Kenneth L. Bachman of Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., for Amerada Hess Corp.

James W. Garvin, Jr., U.S. Atty. and John H. McDonald, Asst. U.S. Atty., Wilmington, Del., Barbara Allen Babcock, Asst. Atty. Gen., Dennis Linder and C. Max Vassanelli, Attys., Dept. of Justice, Washington, D.C., Scott H. Lang, Atty., Dept. of Energy, Washington, D.C., for defendants.


OPINION

LATCHUM, Chief Judge.

Six oil companies1 instituted these actions to challenge the Federal Energy Administration's ("FEA") belated interpretation of a regulatory scheme affecting prices from January 1, 1975 to February 1, 1976 ("the relevant period"). That interpretation required refiners to allocate monthly sales revenues first to the recoupment of all increased "product costs" (primarily the costs of crude oil and purchased...

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