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GRACE PETROLEUM CORP. v. F.E.R.C.

No. 85-2038.

815 F.2d 589 (1987)

GRACE PETROLEUM CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Plains Resources, Inc. and Arkla Energy Resources, a division of Arkla, Inc., Intervenors.

United States Court of Appeals, Tenth Circuit.

March 31, 1987.

Attorney(s) appearing for the Case

Patricia Fry Eldridge of Bracewell & Patterson, Houston, Tex. (Charles H. Shoneman and Randall S. Rich, Bracewell & Patterson, Washington, D.C., with her, on the briefs), for petitioner Grace Petroleum Corp.

Joseph R. Hartsoe, Attorney (William H. Satterfield, General Counsel, Jerome M. Feit, Solicitor, and Andrea Wolfman, Attorney, with him on the brief), F.E.R.C., Washington, D.C., for respondent F.E.R.C.

Stanley L. Cunningham (C. David Stinson, also of McAfee & Taft, Oklahoma City, Okl., with him, on the brief), for intervenor Plains Resources, Inc.

Before LOGAN, MOORE, and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

This appeal concerns the price that small producers may receive for natural gas delivered after an existing contract has expired, but before a rollover contract has been executed. In 1973, petitioner Grace Petroleum Corporation (Grace), then a small producer,1 succeeded to another small producer's interest in a 1962 contract to sell natural gas to Arkansas Louisiana Gas Company (Arkla). This 1962 contract expired...

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