TENN. GAS PIPELINE CO. v. FED. ENERGY REG. COM'N

Nos. 77-1511, 79-1524.

626 F.2d 1020 (1980)

TENNESSEE GAS PIPELINE COMPANY, a Division of Tenneco, Inc., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. TENNESSEE GAS PIPELINE COMPANY, a Division of Tenneco, Inc. v. FEDERAL ENERGY REGULATORY COMMISSION et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1980.


Attorney(s) appearing for the Case

JoAnne Leveque, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D.C., was on the brief, for respondent in No. 77-1511 and cross-appellant in No. 79-1524. John J. Lahey, Atty., Federal Energy Regulatory Commission, Washington, D.C., also entered an appearance for respondent in No. 77-1511.

Melvin Richter, Washington, D.C., with whom Dale A. Wright, Terence J. Collins and Michael J. McDanold, Washington, D.C., were on the brief, for petitioner in No. 77-1511 and appellee in No. 79-1524. Lilyan G. Sibert, Houston, Tex., also entered an appearance, for appellee in No. 79-1524.

Before MacKINNON, ROBB and WALD, Circuit Judges.


PER CURIAM.

The single substantive issue raised by this appeal is whether the Economic Stabilization Act of 1970 (ESA), Pub. L. No. 91-379, 84 Stat. 799 (1970) authorizes the Federal Energy Regulatory Commission1 (FERC) to order refunds of natural gas rates2 which the Commission determined were allowable under the Natural Gas Act, 15 U.S.C. 717 et seq., but excessive under the Economic Stabilization...

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