WALKER OPERATING CORPORATION, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Phillips Petroleum Company; Northern States Power Companies; Lake Superior District Power Company; Natural Gas Pipeline Company of America; Iowa Public Service Company; Anadarko Production Company; Pan Eastern Exploration Company; Inter-City Gas; the Energy Issues Intervention Office of the Minnesota Department of Public Service; Northern Natural Gas Company, Division of Enron Corp.; Colorado Interstate Gas Company; Dorchester Master Limited Partnership; Mobil Producing Texas & New Mexico Inc.; Williams Natural Gas Company; Texaco Producing Inc.; Conoco, Inc., Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
April 28, 1989.
As Amended May 24, 1989.
Attorney(s) appearing for the Case
Jerry D. Courtney, of Lowe & Courtney, Clarendon, Tex., for Stowers Oil & Gas Co., and Walker Operating Corp., Robert J. Kapelke, of Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., with him on the briefs for Walker Operating Corp., and Miles O'Laughlin, of Pampa, Tex., of counsel, with him on the briefs, for Stowers Oil & Gas Co.
Renea Hicks (Jim Mattox, Atty. Gen., Mary F. Keller, Executive Asst. Atty. Gen. for Litigation, and Larry J. Laurent, Asst. Atty. Gen., on the briefs), Sp. Asst. Atty. Gen., Atty. of Record, for the Railroad Com'n of Texas.
Edward J. Grenier, Jr., Robert W. Clark, III, and Gail S. Gilman, of Sutherland, Asbill & Brennan, Washington, D.C., for Cabot Pipeline Corp.
Joe H. Foy, of Bracewell & Patterson, Houston, Tex., for J.B. Watkins.
Jody G. Sheets, of Gassaway, Gurley, Sheets & Mitchell, Borger, Tex., for Lucky Bird Petroleum, Inc.
John H. Conway (Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., with him on the brief), Atty., for the F.E.R.C.
James L. Trump (Philip R. Ehrenkranz and Paul F. Forshay, of Squire, Sanders & Dempsey, with him on the brief), of Squire, Sanders & Dempsey, Washington, D.C., for Dorchester Master Ltd. Partnership.
John L. Williford and Jennifer A. Cates, Bartlesville, Okl., for Phillips Petroleum Co.
P.M. Schenkkan, of Vinson & Elkins, Austin, Tex., for Anadarko Petroleum Corp. and Pan Eastern Exploration Co.
Paul E. Goldstein, Jerome Mrowca, and Barbara A. Gustafson, Lombard, Ill., for Nat. Gas Pipeline Co. of America.
Patrick J. McCarthy, of Adams and McCarthy, Omaha, Neb., Frank J. Duffy, Vice President and Gen. Counsel, and Jane G. Alseth, of Northern Nat. Gas Co., Div. of Enron Corp., Omaha, Neb., and George J. Meiburger and Steve Stojic, of Gallagher, Boland, Meiburger and Brosnan, Washington, D.C., for Northern Nat. Gas Co., Div. of Enron Corp.
Gene R. Sommers, of Northern States Power Co., Minneapolis, Minnesota, for Northern States Power Companies.
Christopher K. Sandberg, of Atty. Gen.'s Office, St. Paul, Minn., for the Energy Issues Intervention Office of the Minnesota Dept. of Public Service.
Charles H. Shoneman, of Bracewell & Patterson, Washington, D.C., and David Lindberg, Houston, Tex., for Texaco Producing Inc.
Before LOGAN, and TACHA, Circuit Judges, and ANDERSON, District Judge.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
This case presents for review, pursuant to 15 U.S.C. § 717r(b) and 15 U.S.C. § 3416(a)(4), two orders issued by the Federal Energy Regulatory Commission (FERC). These administrative orders determined that certain oil well operators had violated federal law by the diversion of natural gas dedicated to interstate commerce and by selling that gas at a price in excess of the statutorily established maximum price. We hold that FERC had jurisdiction...
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