CONOCO, INC. v. FEDERAL ENERGY REGULATORY COM'N

No. 79-3419.

622 F.2d 796 (1980)

CONOCO, INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

July 30, 1980.


Attorney(s) appearing for the Case

Thomas H. Burton, Carolyn S. Hazel, Houston, Tex., for Conoco Inc.

Martin N. Erck, Exxon Corp., Houston, Tex., Bernard A. Foster, III, Ross, Marsh & Foster, Washington, D. C., Jeron L. Stevens, Baker & Botts, Houston, Tex., for Exxon Corp.

Kenneth L. Riedman, Jr., Victor E. Fitzmaurice, Los Angeles, Cal., for Union Oil Co. of California.

Paul J. Broyles, John A. Ramsey, Karen A. Berndt, Houston, Tex., for Texaco, Inc.

Lauren L. Eaton, Houston, Tex., for Gulf Oil Corp.

Phyllis Rainey, Michael B. Silva, Tenneco Oil Co., Houston, Tex., for Tenneco Oil Co.

Jerome M. Feit, Elias G. Farrah, Jerome Nelson, Sol., Washington, D. C., for Federal Energy Regulatory Commission.

Frederick Moring, Jennifer Waters Hitt, Washington, D. C., for Associated Gas Distributors.

Before CHARLES CLARK, RONEY and GARZA, Circuit Judges.


RONEY, Circuit Judge:

Here the parties quarrel over whether gas from the Outer Continental Shelf, which was subject to lease but had not commenced flowing on the determinative date set by the new Natural Gas Policy Act, was exempted by that Act from the regulatory provisions of the old Natural Gas Act. The effect of the exemption would eliminate the requirement of obtaining a certificate of public convenience and necessity, and remove the gas from the regulatory controls...

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