PUB. SERV. COM'N., ETC. v. FED. ENERGY REG. COM'N

Nos. 76-1956, 76-1957.

575 F.2d 892 (1978)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern Illinois Gas Company et al., Central Illinois Light Company New England State Intervenors, Mobil Oil Corporation, Tennessee Gas Pipeline Company, Midwestern Michigan Transmission Company, Northern Michigan Exploration Co., and Consumers Power Co., Intervenors. The BROOKLYN UNION GAS CO., ASSOCIATED GAS DISTRIBUTORS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern Illinois Gas Company, et al., Central Illinois Gas Company, New England State Intervenors, Mobil Oil Corporation, Tennessee Gas Pipeline Co., Midwestern Gas Transmission Co., Consumers Power Company, and Northern Michigan Exploration Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 9, 1978.


Attorney(s) appearing for the Case

Frederick Moring and Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., and Sheila S. Hollis, Washington, D. C., were on the brief, for petitioners.

Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Solicitor, Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent.

Carroll L. Gilliam, Washington, D. C., with whom Roscoe C. Elmore, Houston, Tex., and Philip R. Ehrenkranz, Washington, D. C., were on the brief, for Intervenor, Mobil Oil Corp.

J. Stanley Stroud, Chicago, Ill., also entered an appearance for intervenor, Northern Illinois Gas Co., et al.

Richard M. Merriman and J. Richard Tiano, Washington, D. C., also entered an appearance for intervenor, Central Illinois Light Co.

Melvin Richter, Washington, D. C., also entered an appearance for intervenor, Tennessee Gas Pipeline Co. and Midwestern Gas Transmission Co.

William Warfield Ross and Richard A. Brown, Washington, D. C., also entered appearances for intervenors, Consumer Power Co. and Northern Michigan Exploration Co.

Before BAZELON, Chief Judge, LEVENTHAL and ROBINSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

In this case, petitioners again challenge the Chandeleur doctrine1 under which producers are permitted to use some of their offshore natural gas for their own refining and other processes, beyond any "entitlement" under general allocation policy in order to provide an incentive for offshore gas production. The Chandeleur doctrine was...

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