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BELCO PETROLEUM v. FEDERAL ENERGY REGULATORY COM'N

No. 77-1416.

589 F.2d 680 (1978)

BELCO PETROLEUM CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1978.

As Amended December 14, 1978.

Attorney(s) appearing for the Case

Judy M. Johnson, Oakland, Cal., with whom J. Evans Attwell, Houston, Tex., was on the brief, for petitioner.

Steven A. Taube, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., on the brief, for respondent.

Before LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit, and MacKINNON and WILKEY, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

Section 4(e) of the Natural Gas Act, 15 U.S.C. § 717(c)(e) (1976), gives the Federal Energy Regulatory Commission (Commission) discretionary power over the suspension of rates and the ordering of refunds:

Whenever [a new rate] is filed the Commission shall have authority . . to enter upon a hearing concerning the lawfulness of such rate, . . . and, pending such...

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