GULF OIL CORP. v. FEDERAL ENERGY REG. COM'N

No. 77-1893.

575 F.2d 67 (1978)

GULF OIL CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Tennessee Gas Pipeline Company, a Division of Tenneco Inc., Texas Eastern Transmission Corporation, Northern Illinois Gas Company, New England Customer Group—Bay State Gas Company, the Berkshire Gas Company, Blackstone Gas Company, Boston Gas Company, Commonwealth Gas Company, Concord Natural Gas Corporation, the Connecticut Gas Company, Connecticut Natural Gas Corporation, Fitchburg Gas and Electric Light Company, Gas Service, Inc., Granite State Gas Transmission, Inc., the Hartford Electric Light Company, Haverhill Gas Company, City of Holyoke, Massachusetts Gas and Electric Department, Lowell Gas Company, Manchester Gas Company, the Southern Connecticut Gas Company, Valley Gas Company, City of Westfield Gas and Electric Light Department, Michigan Wisconsin Pipe Line Company, the Peoples Gas Light and Coke Company and Algonquin Gas Transmission Company, Intervenors.

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.


Attorney(s) appearing for the Case

B. James McGraw, A. Randall Friday, Gulf Oil Corp., Houston, Tex., Carroll L. Gilliam, Keith R. McCrea, Craig W. Hulvey, Washington, D. C., for petitioner Gulf Oil Corp.; Grove, Jaskiewicz, Gilliam & Cobert, Washington, D. C., of counsel.

Robert R. Nordhaus, Gen. Counsel, Philip R. Telleen, M. Frazier King, Jr., Federal Energy Regulatory Commission, Washington, D. C., for respondent.

Leland F. Cadenhead, Lilyan G. Sibert, John S. Anderson, Tennessee Gas Pipeline Co., Jeron L. Stevens, Scott E. Rozzell, Baker & Botts, Houston, Tex., for Tennessee Gas Pipeline Co., a Division of Tenneco Inc.

Jack D. Head, James W. McCartney, Judy M. Johnson, Vinson & Elkins, Houston, Tex., for Texas Eastern Transmission Corp.

John W. Glendening, Jr., David H. Martin, Glendening & Schmid, Washington, D. C., for the New England Customer Group.

Richard J. Flynn, Frederic G. Berner, Jr., G. Paul Moates, Sidley & Austin, Washington, D. C., for Michigan Wisconsin Pipe Line Co.; Charles V. Shannon, Shannon & Morley, Washington, D. C., of counsel.

Joseph M. Wells, Paul E. Goldstein, Arthur S. Kallow, Constance DeYoung, Chicago, Ill., for the Peoples Gas Light and Coke Co.

Before ALDISERT, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

Gulf Oil Corporation petitions for review of orders and opinions of the Federal Energy Regulatory Commission1 denying its application to abandon sales of natural gas to Tennessee Gas Pipeline Company. Because we determine that the Commission's decision was neither an abuse of, nor in excess of, its authority, and that the factual bases of...

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