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UNITED REFINING CO. v. DEPARTMENT OF ENERGY

Civ. A. No. 79-144 ERIE.

566 F.Supp. 270 (1983)

UNITED REFINING COMPANY, Plaintiff, v. DEPARTMENT OF ENERGY and Charles W. Duncan, Jr., Secretary of Energy, Defendants.

United States District Court, W.D. Pennsylvania.

June 22, 1983.

Attorney(s) appearing for the Case

J. Tomlinson Fort, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Daniel Joseph and Joseph T. Casey, Jr., Akin, Gump, Hauer & Field, Washington, D.C., for plaintiff.

June Wagoner Edwards, Federal Programs Branch, U.S. Dept. of Justice, Washington, D.C., for defendants.

William Bode, Washington, D.C., John McLaughlin, Erie, Pa., amicus curiae, Independent Terminal Operators Assn.

MEMORANDUM

WEBER, District Judge.

This is a declaratory judgment action which is now before the court on cross-motions for partial summary judgment. The plaintiff, United Refining Company, in its complaint and in its motion challenges the substantive and procedural validity of certain Department of Energy regulations, alternatively referred to as "banking regulations" or "fictitious recovery rules." In its motion the plaintiff contends that these regulations...

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