BOSTON GAS CO. v. FEDERAL ENERGY REGULATORY COM'N

No. 77-1473.

575 F.2d 975 (1978)

BOSTON GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided May 12, 1978.


Attorney(s) appearing for the Case

L. William Law, Jr., Gen. Counsel, Boston, Mass., with whom F. X. O'Brien, Boston, Mass., was on brief, for petitioner.

Joseph G. Stiles, Atty., Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel, and Howard E. Shapiro, Sol., Washington, D. C., were on brief, for respondent.

Harry H. Voigt, New York City, with whom E. David Doane, Arthur M. Schwartzstein and LeBoeuf, Lamb, Leiby & MacRae, New York City, were on brief, for intervenor Orange and Rockland Utilities, Inc.

Francis H. Caskin, Washington, D. C., with whom Shannon & Morley, Washington, D. C., was on brief, for intervenor New Bedford Gas and Edison Light Co.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.


COFFIN, Chief Judge.

Because of shortages in the supply of natural gas, the Federal Power Commission in 1971 began issuing orders to gas pipeline operators to regulate the curtailment of the delivery of gas to their customers. In 1973 the Commission refined its policy by dividing the end users of natural gas into nine categories ranked in order of supply priority. Pipeline operators were to obtain from their wholesale customers a breakdown of

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