American Public Gas Ass'n v. Federal Power Commission

• Decision Date: 17 August 1977
• Docket Number: No. 76-2000,76-2000
• Citation: American Public Gas Ass'n v. Federal Power Commission, 567 F.2d 1016, 186 U.S.App.D.C. 23 (D.C. Cir. 1977)
• Parties: The Second National Natural Gas Rate Cases AMERICAN PUBLIC GAS ASSOCIATION et al., Petitioners, * v. FEDERAL POWER COMMISSION, Respondent.*
• Court: U.S. Court of Appeals — District of Columbia Circuit

Page 1016

567 F.2d 1016

186 U.S.App.D.C. 23

The Second National Natural Gas RateCasesAMERICAN PUBLIC GAS ASSOCIATION et al., Petitioners, ^* v.FEDERAL POWER COMMISSION, Respondent.*

No. 76-2000.

United States Court of Appeals District of Columbia Circuit.

Argued March 23, 1977 and March 24, 1977.

Decided June 16, 1977.

As Amended on Denial of Rehearing Aug. 17, 1977.

Charles F. Wheatley, Jr., Washington, D. C., with whom William T. Miller and Stanley W. Balis, Washington, D. C., were on the brief for petitioners in No. 76-2000 and intervenors, American Public Gas Ass'n, et al.

James L. Feldesman, Washington, D. C., was on the brief for petitioner, Consumer Federation of America in No. 76-2000.

Warren R. Spannaus, Atty. Gen., State of Minnesota, St. Paul, Minn., was on the brief for petitioner, State of Minnesota in No. 76-2000.

Rodney A. Wilson, Sp. Asst. Atty. Gen., State of Minnesota, St. Paul, Minn., was on the brief for petitioner, Minnesota Public Service Commission in No. 76-2000.

Steven M. Schur, Chief Counsel, Public Service Commission of Wisconsin, Madison, Wis., was on the brief for petitioner, Public Service Commission of Wisconsin in No. 76-2000.

David B. Graham, Washington, D. C., was on the brief for petitioner, Natural Rural Elec. Co-op. Ass'n in No. 76-2000.

John Gunther, Washington, D. C., was on the brief for petitioner, United States Conference of Mayors in No. 76-2000.

James F. Flug, Washington, D. C., was on the brief for petitioner, Energy Action Committee in No. 76-2000.

Stephen Schlossberg, Detroit, Mich., was on the brief for petitioner, United Automobile, Aerospace and Agriculture Implement Workers of America in No. 76-2000.

Frank W. Frisk, Jr., Washington, D. C., was on the brief for petitioner, American Public Power Ass'n in No. 76-2000.

Charles Brannan, Denver, Colo., was on the brief for petitioner, National Farmers Union in No. 76-2000.

Lee D. Sinclair, Potomac, Md., was on the brief for petitioner, National Farmers Organization in No. 76-2000.

Leslie G. Foschio, Corp.Counsel, Buffalo, N. Y., was on the brief for petitioner, City of Buffalo, New York in No. 76-2000.

William Straub, Erie County Atty., Buffalo, N. Y., was on the brief for petitioner, County of Erie, New York in No. 76-2000.James L. Magavern, Buffalo, N. Y., also entered an appearance for petitioner in No. 76-2000.

Geoffrey L. Brazier, Helena, Mont., was on the brief for petitioner, Montana Consumer Counsel in No. 76-2000.

Felix G. Forlenza, Newark, N. J., was on the brief for petitioner, New Jersey Bd. of Public Utility Commissioners in No. 76-2000.Carla Vivian Bello, Newark, N. J., also entered an appearance for petitioner, New Jersey Bd. of Public Utility Commissioners in No. 76-2000.

Daniel Guttman, Washington, D. C., with whom Alan Roth, Washington, D. C., was on the brief for petitioners in No. 76-2001 and intervenors, Senators James Abourezk, et al.

Richard A. Solomon, Washington, D. C., with whom Peter H. Schiff, Albany, N. Y., Gen. Counsel, Public Service Commission of the State of New York and Sheila S. Hollis, Washington, D. C., were on the brief for petitioner in No. 76-2072 and intervenor, The Public Service Commission of the State of New York.

Frederick Moring, Washington, D. C., with whom Philip M. Marston, Washington, D. C., was on the brief for petitioner in Nos. 76-2137and77-1013 and intervenors, Associated Gas Distributors.Dana Contratto, Washington, D. C., also entered an appearance for intervenor, Associated Gas Distributors.

John F. Bates, Salt Lake City, Utah, with whom Robert S. Campbell, Jr., and R. G. Groussman, Salt Lake City, Utah, were on the brief for petitioner in No. 77-1005.

C. William Cooper, Falmouth, Mass., and Tilford A. Jones, Bethesda, Md., for petitioners in No. 76-2041 and intervenor, United Distribution Companies.

Gordon Gooch, Washington, D. C., with whom Charles M. Darling, IV, Washington, D. C., John M. Young, Michael B. Silva and Phyllis Rainey, Houston, Tex., were on the brief for petitioners in Nos. 77-1060and77-1067 and intervenors, Pennzoil Co., et al. and Tenneco Oil Co., et al.

Thomas G. Johnson, Houston, Tex., for petitioner in No. 77-1065 and intervenor, Shell Oil Co.

J. Evans Attwell, Houston, Tex., with whom Judy M. Johnson, Houston, Tex., was on the brief for petitioners in Nos. 76-2108, 77-1068, 77-1069 and intervenors, Austral Oil Co., Inc., Aztec Oil and Gas Co., Belco Petroleum Corp. and Transocean Oil, Inc.

Bernard A. Foster, III, Washington, D. C., with whom H. H. Hillyer, Jr., New Orleans, La., was on the brief for petitioners in No. 77-1075.

Paul W. Mallory, Chicago, Ill., with whom Joseph M. Wells, Paul E. Goldstein, Chicago, Ill., and Harry L. Albrecht, Washington, D. C., were on the brief for petitioner in No. 77-1121 and intervenor, Natural Gas Pipeline Co. of America in Nos. 76-2053, 76-2041and76-2072.

Drexel D. Journey, Gen. Counsel, Federal Power Commission and Patrick J. Keeley, Atty., Federal Power Commission, Washington, D. C., with whom Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent.Philip R. Telleen, Atty., Federal Power Commission, Washington, D. C., also entered an appearance for respondent.

John L. Williford, Bartlesville, Okl., was on the brief for petitioner in No. 76-2069 and intervenor, Phillips Petroleum Co.

B. James McGraw and A. Randall Friday, Houston, Tex., were on the brief for petitioner in Nos. 77-1022and77-1140 and intervenor, Gulf Oil Corp.

Derrill Cody and Patricia D. Robinson, Oklahoma City, Okl., were on the brief for petitioner in No. 77-1118 and intervenor, Kerr-McGee Corp.

Tom P. Hamill, R. D. Haworth and Roscoe Elmore, Houston, Tex., were on the brief for petitioner in No. 77-1126 and intervenor, Mobil Oil Corp.W. B. Wagner, Jr., Pat F. Timmons, James M. Dunnam, Houston, Tex., and David Bonderman, Washington, D. C., were on the brief for petitioner in No. 77-1052 and intervenor, The Superior Oil Co.

Martin N. Erck, Paul W. Wright and Edmunds Travis, Jr., Houston, Tex., were on the brief for petitioner in No. 77-1127 and intervenor, Exxon Corp.

David M. Whitney, Houston, Tex., was on the brief for petitioner in No. 77-1066 and intervenors, Aminoil Production Co.

Wm. H. Emerson, Tulsa, Okl., was on the brief for petitioner in No. 77-1120 and intervenor, Amoco Production Co.

R. F. Generelly, Washington, D. C., was on the brief for petitioner in No. 77-1016 and intervenors, Ashland Oil, Inc. and General American Oil Co. of Texas and also entered an appearance for petitioner in No. 77-1063.

E. J. Kremer and D. Aston, Dallas, Tex., were on the brief for petitioner in No. 77-1220 and intervenor, Atlantic Richfield Co.

Edwin S. Nail, Boston, Mass., was on the brief for petitioner in No. 77-1117 and intervenor, Cabot Corp.

Robert S. Wheeler and Sam Riggs, Jr., Tulsa, Okl., were on the brief for petitioner in No. 77-1119 and intervenor, Cities Service Oil Co.

Tom Burton and John M. Badger, Houston, Tex., were on the brief for petitioner in No. 77-1039 and intervenor, Continental Oil Co.Gordon Gooch, Houston, Tex., and Charles M. Darling, IV, Washington, D. C., also entered an appearance for petitioner in No. 77-1039.

Scott P. Anger, Washington, D. C., was on the brief for petitioner in No. 77-1070 and intervenor, Enserch Exploration, Inc.

Wm. Neal Powers, Jr., Houston, Tex., was on the brief for petitioners in Nos. 77-1072and77-1074 and intervenors, Freeport Minerals Co., Ecee, Inc., et al. and Estate of E. Cockrill, Jr., et al.

Clay D. Monzingo was on the brief for petitioner in No. 77-1219 and intervenor, Getty Oil Co.Jack L. Brandon also entered an appearance for intervenor, Getty Oil Co.

Robert W. Henderson, Dallas, Tex., was on the brief for petitioners in No. 77-1071 and intervenors, Hunt Oil Co., et al.

Arthur S. Berner, New York City, was on the brief for petitioner in No. 77-1073 and intervenor, Inexco Oil Co.Wm. Neal Powers, Jr., Houston, Tex., also entered an appearance for petitioner in No. 77-1073.

William A. Sackman, Findlay, Ohio, was on the brief for petitioner in No. 76-2103 and intervenor, Marathon Oil Co.

Paul W. Hicks, Dallas, Tex., was on the brief for petitioner in No. 77-1064 and intervenorPlacid Oil Co.Jimmy C. Bailey, Dallas, Tex., also entered an appearance for petitioner in No. 77-1064 and intervenor, Placid Oil Co.

Richard F. Remmers, Oklahoma City, Okl., was on the brief for petitioner in No. 77-1141 and intervenor, Sohio Petroleum Co.

Roger L. Brandt, Houston, Tex., was on the brief for petitioner in No. 77-1139 and intervenor, Texaco, Inc.William T. Benham, Houston, Tex., also entered an appearance for intervenor, Texaco, Inc.

Kenneth L. Riedman, Jr., and Richard F. Wornson, Los Angeles, Cal., were on the brief for petitioner in No. 77-1221 and intervenor, Union Oil Co. of California.

Gordon P. MacDougall, Sp. Asst. Counsel, Commonwealth of Pennsylvania, Washington, D. C., was on the brief for intervenors, Commonwealth of Pennsylvania and Pennsylvania Public Utilities Commission in No. 76-2000.

Harold B. Scoggins, Jr., Oklahoma City, Okl., was on the brief for intervenor, Independent Petroleum Ass'n of America in Nos. 76-2000and76-2001.

J. Randolph Elliott, Los Angeles, Cal., was on the brief for intervenor, Statex Petroleum, Inc.

Gordon Gooch, Houston, Tex., was on the brief for intervenors, Felmont Oil Corp., Coquina Oil Corp. and The Rodman Co.A. S. Lacy, Birmingham, Ala., was on the brief for intervenor, Alabama Gas Corp. in No. 76-2000.

Ben Stead, Asst. Atty. Gen., for the Public Utilities Commission of the State of South Dakota, was on the brief for intervenor, Public Utilities Commission, State of South Dakota.

M. Howard Petricoff and Henry J. Bourguignon, Toledo, Ohio, filed a brief on behalf of the City of Toledo, Ohio as amicus curiae urging reversal.

Philip C. Wrangle, Birmingham, Ala., filed a...