GULF OIL CORPORATION, Petitioner in No. 82-3035,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Philadelphia Gas Works, Public Service Commission of the State of New York, Consolidated Edison Company of New York, Inc., Public Service Electric and Gas Company, New Jersey Natural Gas Company, Washington Urban League, the Brooklyn Union Gas Company, Texas Eastern Transmission Corporation, Intervenors.
GULF OIL CORPORATION, Petitioner in No. 82-3132,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Philadelphia Gas Works, Public Service Commission of the State of New York, Washington Urban League, and Texas Eastern Transmission Corporation, Intervenors.
WASHINGTON URBAN LEAGUE, Petitioner in No. 82-3137,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Philadelphia Gas Works, Public Service Commission of the State of New York, Public Service Electric and Gas Company, Texas Eastern Transmission Corporation, and Gulf Oil Corporation, Intervenors.
The PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner in No. 82-3166,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Gulf Oil Corporation, Public Service Electric and Gas Company, Texas Eastern Transmission Corporation, Intervenors,
The Brooklyn Union Gas Company, Intervenor.
PHILADELPHIA GAS WORKS, Petitioner in No. 82-3167,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Gulf Oil Corporation, Texas Eastern Transmission Corporation, Intervenors,
The Brooklyn Union Gas Company, Intervenor.
GULF OIL CORPORATION, Petitioner in No. 82-3242
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Public Service Electric and Gas Company, Texas Eastern Transmission Corporation, Intervenors,
Washington Urban League, Intervenor.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 7, 1983.
Decided April 21, 1983.
Rehearing and Rehearing Denied June 15, 1983.
As Amended June 15 and 17, 1983.
Attorney(s) appearing for the Case
Robert W. Fuller, Lawrence E. Glenn, Houston, Tex., Warren M. Sparks, Sparks & Sparks, Tulsa, Okl., Carroll L. Gilliam (argued), Craig W. Hulvey, Kevin Sweeney, Washington, D.C., for Gulf Oil Corp.; Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., of counsel.
Charles A. Moore, Gen. Counsel, Jerome M. Feit, Sol., Joshua Z. Rokach (argued), F.E.R.C., Washington, D.C., for F.E.R.C., respondent in Nos. 82-3035, 82-3132, 82-3137, 82-3166, 82-3167 and 82-3242.
Joseph R. Davison (argued), Leonard, Tillery & Davidson, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for
Philadelphia Gas Works, intervenor in Nos. 82-3035, 82-3132 and 82-3137, and petitioner in No. 82-3167.
David E. Blabey, Gen. Counsel, Public Service Com'n of State of N.Y., Albany, N.Y., Richard A. Solomon (argued), Dennis Lane, Wilner & Scheiner, Washington, D.C., for The Public Service Com'n of State of N.Y., intervenor in Nos. 82-3035, 82-3132 and 82-3137 and petitioner in No. 82-3166.
William I. Harkaway, McCarthy, Sweeney & Harkaway, Washington, D.C., for Consolidated Edison Co. of New York, Inc., intervenor in No. 82-3035.
James R. Lacey, William R. Hoatson (argued), Newark, N.J., for Public Service Electric and Gas Co., intervenor in Nos. 82-3035, 82-3137, 82-3166 and 82-3242.
Nicholas W. Mattia, Jr., Conway, Reiseman, Bumgardner & Kleinfeld, Newark, N.J., for New Jersey Natural Gas Co., intervenor in No. 82-3035.
Morton L. Simons (argued), Simons & Simons, Charles E. Hill, Washington, D.C., for Washington Urban League, petitioner in No. 82-3137 and intervenor in Nos. 82-3035, 82-3132 and 82-3242.
James W. McCartney, Judy M. Johnson, J. Craig Youngblood (argued), Vinson & Elkins, Jack E. Earnest, Jack D. Head, Cheryl M. Foley, Houston, Tex., for Texas Eastern Transmission Corp., intervenor in Nos. 82-3035, 82-3132, 82-3137, 82-3166, 82-3167 and 82-3242.
Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing In Banc Denied June 15, 1983.
OPINION OF THE COURT
A. LEON HIGGINBOTHAM, Jr., Circuit Judge.
This appeal challenges six separate orders of the Federal Energy Regulatory Commission ("FERC" or "the Commission"1). The litigation stems from the failure of the Gulf Oil Corporation ("Gulf") to deliver specified daily quantities of gas to Texas Eastern Transmission...
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