ARIZONA ELEC. v. FEDERAL ENERGY REGULATORY COM'N

Nos. 77-1754, 77-1794, 77-1837 and 77-1844.

631 F.2d 811 (1980)

ARIZONA ELECTRIC POWER COOPERATIVE, INC., and the City of Willcox, Arizona, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Salt River Project Agriculture and Power District, Pacific Gas and Electric Company, Southern Union Company, and El Paso Natural Gas Company, Intervenors. SOUTHERN CALIFORNIA GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arizona Electric Power Cooperative, Inc., City of Willcox, Arizona, El Paso Natural Gas Company, Southern Union Company, People of the State of California, and the Public Utilities Commission of the State of California, and Pacific Gas & Electric Company, Intervenors. ARIZONA ELECTRIC POWER COOPERATIVE, INC., and the City of Willcox, Arizona, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, El Paso Natural Gas Company, Pacific Gas & Electric Company, and Southwest Gas Corporation, Intervenors. EL PASO NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Asarco, Inc., et al., Southern Union Company, Arizona Electric Power Cooperative, Inc., and City of Willcox, Arizona, General Motors Corporation, Southwest Gas Corporation, and Pacific Gas & Electric Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1980.


Attorney(s) appearing for the Case

C. Frank Reifsnyder, Washington, D. C., for El Paso Natural Gas Co., petitioner in No. 77-1844, and intervenors in Nos. 77-1754, 77-1794 and 77-1837.

John S. Fick, Los Angeles, Cal., with whom Thomas D. Clarke, Los Angeles, Cal., was on brief, for Southern California Gas Co., petitioner in No. 77-1794. Jeffrey A. Meith, Los Angeles, Cal., also entered an appearance for Southern California Gas Co.

Arnold D. Berkeley, Washington, D. C., with whom Roger J. McClure, Washington, D. C., was on brief, for Arizona Electric Power Cooperative, Inc., et al., petitioners in Nos. 77-1754 and 77-1837 and intervenors in Nos. 77-1794 and 77-1844.

Nicholas W. Fels, Washington, D. C., for ASARCO, Inc., et al., intervenor in No. 77-1844. Jerome Ackerman, Washington, D. C., also entered an appearance for ASARCO, Inc., et al.

George H. Williams, Jr., Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Philip R. Telleen and M. Frazier King, Jr., Attys., Federal Energy Regulatory Commission, Washington, D. C., were on brief, for respondent.

Joel L. Greene and Richard H. Silverman, Phoenix, Ariz., entered appearances for Salt River Project Agricultural Improvement and Power District, intervenor in No. 77-1754.

Malcolm H. Furbush and Howard V. Golub, San Francisco, Cal., entered an appearance for Pacific Gas and Electric Co., intervenor in Nos. 77-1754, 77-1794, 77-1837 and 77-1844.

Robert J. Haggerty, Washington, D. C., entered an appearance for Southern Union Co., intervenor in Nos. 77-1754, 77-1794 and 77-1844.

J. Calvin Simpson, San Francisco, Cal., entered an appearance for The People of the State of California, et al., intervenors in No. 77-1794.

C. H. McCrea, Las Vegas, Nev., entered an appearance for Southwest Gas Corp., intervenor in Nos. 77-1837 and 77-1844.

Edward J. Grenier, Jr., Richard P. Noland and William H. Penniman, Washington, D. C., entered appearances for General Motors Corp., intervenor in No. 77-1844.

Before BAZELON, Senior Circuit Judge, and WALD and EDWARDS, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

At issue in these consolidated cases are a June 21, 1977 order of the Federal Power Commission, now the Federal Energy Regulatory Commission, and an August 19, 1977 Commission order denying rehearing. Those two orders found that El Paso Natural Gas Company (El Paso) violated its interim curtailment plan and § 4(d) of the Natural Gas Act (the Act) by delivering natural gas to two of its California customers, Southern California...

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