PETROLITE CORP., ETC. v. FEDERAL ENERGY REG. COM'N

Nos. 81-1214, 81-1456.

667 F.2d 664 (1981)

PETROLITE CORPORATION, BARECO DIVISION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Cities Service Gas Company, Intervenor. AMERICAN HARDBOARD ASSOCIATION and Superwood Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1981.

Rehearing Denied January 15, 1982.


Attorney(s) appearing for the Case

C. Frank Reifsnyder, argued, Richard C. Green, Hogan & Hartson, Washington, D.C., for Petrolite Corp., Bareco Div.; C. Scott Letcher, Tulsa, Okl., of counsel.

Nicholas W. Fels, argued, Jane H. Chalmers, Covington & Burling, Washington, D.C., William C. Ives, Robert A. Creamer, Keck, Mahin & Cate, Chicago, Ill., for American Hardboard Ass'n and Superwood Corp.

Jerome Nelson, Acting Gen. Counsel, Jerome M. Feit, Deputy Sol., Barbara J. Weller, Asst. Sol., argued, Washington, D.C., for respondent Federal Energy Regulatory Commission.

Before STEPHENSON and McMILLIAN, Circuit Judges, and LARSON, Senior District Judge.


LARSON, Senior District Judge.

Petitioners in this consolidated1 proceeding seek appeal from orders of the Federal Energy Regulatory Commission (FERC) concerning the application of the agricultural exemption from the incremental pricing surcharges of the Natural Gas Policy Act of 1978 (NGPA), Pub.L. 95-621, 92 Stat. 3350 (1978), 15 U.S.C. §§ 3301, et seq. (Supp. III 1979). Petitioners applied to the Commission for rehearing...

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