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PENNZOIL CO. v. FEDERAL ENERGY REGULATORY COM'N

No. 80-2174.

671 F.2d 119 (1982)

PENNZOIL COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit. Unit A.

March 22, 1982.

Attorney(s) appearing for the Case

Stephen L. Teichler, Charles M. Darling, IV, Charles E. Suffling, Baker & Botts, Washington, D. C., Patricia Curran, Julie Langdon, Houston, Tex., for Pennzoil Co.

George H. Williams, Jr., Washington, D. C., for Federal Energy Regulatory Com'n.

Thomas G. Johnson, Robert A. Hasty, Jr., Houston, Tex., for intervenor Shell Oil Co.

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

Before CHARLES CLARK, GARZA and SAM D. JOHNSON, Circuit Judges.

SAM D. JOHNSON, Circuit Judge:

The single question here presented is whether the Federal Energy Regulatory Commission (FERC) may refer to private contract pricing provisions to assist it in identification of natural gas whose production entails such extraordinary risks or costs that it would not be undertaken absent the availability of a special incentive price. We hold both that it has the authority to do so, and that it has in this instance used that authority in...

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