AM. PUBLIC GAS ASS'N v. FEDERAL ENERGY REG. COM'N

No. 75-2105.

587 F.2d 1089 (1978)

AMERICAN PUBLIC GAS ASSOCIATION and Consumers Federation of America, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Shell Oil Company, Exxon Corporation, Pennzoil Company, Cotton Petroleum Corporation, The Rodman Corporation, Tenneco Oil Company, Gulf Oil Corporation, Getty Oil Company, General American Oil Company of Texas, Union Oil Company of California, Mobil Oil Corporation, Kerr-McGee Corporation, Ashland Oil, Inc., The California Company, Etc., Continental Oil Company, Sohio Petroleum Company, Amerada Hess Corporation, Skelly Oil Company, E. I. Du Pont De NeMours & Company, Inc., Atlanta Richfield Company, Superior Oil Company, Aminoil USA, Inc., et al., Inexco Oil Company, Texas Production Company et al., Phillips Petroleum Company, Owens-Illinois Inc., General Motors Corporation, Celanese Corporation et al., Texaco, Inc., Cities Service Oil Company, State of Louisiana, American Textile Manufacturers Institute, Inc., Firestone Tire & Rubber Company et al. and Chemplex Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1978.

On Motion to Deny Bill of Costs August 9, 1978.


Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., Washington, D.C., with whom William T. Miller, Stanley W. Balis and James L. Feldesman, Washington, D.C., were on the brief, for petitioners.

Scott M. DuBoff, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Alan Abbott Tuttle, Sol., Federal Energy Regulatory Commission, Washington, D.C., were on the brief, for respondent.

Paul W. Wright, Houston, Tex., with whom Martin N. Erck and Lauren L. Eaton, Houston, Tex., were on the brief, for intervenor Exxon Corp. also argued for supporting producer intervenors. Edmunds Travis, Jr., Houston, Tex., also entered an appearance for intervenor, Exxon Corp.

Harry E. Barsh, Jr., Lake Charles, La., James R. Patton, Jr., David B. Robinson and Linda Elizabeth Buck, Washington, D.C., were on the brief, for intervenor, The State of Louisiana.

Edward J. Grenier, Jr., Richard P. Noland, Robert R. Morrow, Washington, D.C., Frazer F. Hilder and Julius Jay Hollis, Detroit, Mich., were on the brief, for intervenor, General Motors Corp. Richard J. Pierce, Jr., Washington, D.C., also entered an appearance for intervenor, General Motors Corp.

Gordon Gooch, Washington, D.C., was on the brief for intervenors, Petrochemical Energy Group (E. I. Du Pont De NeMours and Co., Inc., Celanese Corp., et al., Firestone Tire & Rubber Co., et al., Chemplex Co. and Petro-Tex Chemical Corp.), and entered appearance for intervenors, Pennzoil Co., Cotton Petroleum Corp., The Rodman Corp. and Tenneco Oil Co.

Bruce F. Kiely, Washington, D.C., was on the brief for intervenors, Petrochemical Energy Group (E. I. Du Pont De NeMours and Co., Inc., Celanese Corp., et al., Firestone Tire & Rubber Co., et al., Chemplex Co. and Petro-Tex Chemical Corp.), Pennzoil Co., and entered appearance for intervenors, Cotton Petroleum Corp., The Rodman Corp. and Tenneco Oil Co.

Ronald D. Eastman and Jeffrey D. Komarow, Washington, D.C., were on the brief, for intervenor, American Textile Manufacturers Institute, Inc.

David G. Stevenson, Tulsa, Okl., was on the brief for intervenor, Amerada Hess Corp.

David M. Whitney, Houston, Tex., was on the brief, for intervenors, Aminoil USA, Inc., et al.

Richard F. Generelly, Washington, D.C., was on the brief for intervenors, Ashland Oil, Inc. and General American Oil Co. of Texas. Robert G. Simon, Washington, D.C., also entered an appearance for intervenors, General American Oil Co. of Texas and Ashland Oil, Inc.

Edward J. Kremer, Lansing, Mich., was on the brief for intervenor, Atlantic Richfield Co.

Justin R. Wolf and Charles H. Shoneman, Washington, D.C., were on the brief for intervenor, The California Co., A Division of Chevron Oil Co.

Samuel H. Riggs, Jr. and Robert S. Wheeler, Tulsa, Okl., were on the brief, for intervenor, Cities Service Oil Co.

W. Neal Powers, Jr., Houston, Tex., was on the brief for intervenors, Texas Production Co., et al., and also entered an appearance for intervenor, Inexco Oil Co.

Tom Burton, Houston, Tex., was on the brief for intervenor, Continental Oil Co.

Cloy D. Monzingo and Jack L. Brandon, Houston, Tex., were on the brief, for intervenor, Getty Oil Co.

B. James McGraw and A. Randall Friday, Houston, Tex., were on the brief for intervenor, Gulf Oil Corp.

Arthur S. Berner, New York City, was on the brief for intervenor, Inexco Oil Co.

Derrill Cody and Patricia D. Robinson, Oklahoma City, Okl., were on the brief for intervenor, Kerr-McGee Corp.

Tom P. Hamill and Robert D. Haworth, Houston, Tex., were on the brief for intervenor, Mobil Oil Corp. Carroll L. Gilliam, Philip R. Ehrenkranz and Craig W. Hulvey, Washington, D.C., also entered appearances for intervenor, Mobil Oil Corp.

Charles M. Darling IV, Washington, D.C., entered appearance for intervenors, Pennzoil Co., Cotton Petroleum Corp., The Rodman Corp. and Tenneco Oil Co.

Perry O. Barber, Jr., Houston, Tex., entered appearance for intervenors, Pennzoil Co. and Tenneco Oil Co.

John L. Williford, Bartlesville, Okl., was on the brief for intervenor, Phillips Petroleum Co.

Thomas G. Johnson, Houston, Tex., was on the brief for intervenor, Shell Oil Co. William G. Riddoch, Houston, Tex., also entered an appearance for intervenor, Shell Oil Co.

Ronald J. Jacobs, David C. Henri and Ronald E. Jarrett, Tulsa, Okl., were on the brief for intervenor, Skelly Oil Co.

Richard F. Remmers, Oklahoma City, Okl., was on the brief for intervenor, Sohio Petroleum Co.

W. B. Wagner, Jr., Pat F. Timmons and James M. Dunnam, Houston, Tex., were on the brief, for intervenor, The Superior Oil Co. Alexander E. Bennett, Washington, D.C., and David Bonderman, Houston, Tex., also entered appearances for intervenor, Superior Oil Co.

Michael B. Silva and Phyllis Rainey, Houston, Tex., were on the brief for intervenor, Tenneco Oil Co.

Roger L. Brandt, Houston, Tex., was on the brief, for intervenor, Texaco, Inc. Kirk W. Weinert, Houston, Tex., also entered an appearance for intervenor, Texaco, Inc.

Kenneth L. Riedman, Jr., Los Angeles, Cal., and Richard F. Wornson, Houston, Tex., were on the brief for intervenor, Union Oil Co. of California.

Jeron Stevens, Houston, Tex., was on brief for intervenor, Tenneco Oil Co., and also entered appearance for intervenors, Cotton Petroleum Corp., The Rodman Corp. and Tenneco Oil Co.

Keith R. McCrea, Washington, D.C., entered an appearance for intervenor, Owens-Illinois, Inc.

Before BAZELON, LEVENTHAL and ROBINSON, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

In this case we are called upon to review an order of the Federal Power Commission announcing a policy permitting interstate transportation of natural gas purchased in direct sale transactions between producers and high-priority consumers. The order under review, Order No. 533, FPC Docket No. RM75-25, reflects the Commission's efforts to deal with undesirable dislocations in the distribution...

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