Department of Energy v. Hunt

• Decision Date: 10 August 1984
• Docket Number: No. 5-101,5-102.,5-101
• Parties: DEPARTMENT OF ENERGY and Donald Paul Hodel, Secretary of Energy, Defendants-Appellants, v. Ray L. HUNT, Independent Executor of the Estate of H.L. Hunt, Plaintiff-Appellee, The States of Arkansas, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kansas, Louisiana, Minnesota, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, Puerto Rico, the Territory of Guam and the Virgin Islands, Intervenors-Appellants, Cities Service Company, Intervenor-Appellee.
• Court: U.S. Temporary Emergency Court of Appeals Court of Appeals

734 F.2d 816

DEPARTMENT OF ENERGY and Donald Paul Hodel, Secretary of Energy, Defendants-Appellants, v. Ray L. HUNT, Independent Executor of the Estate of H.L. Hunt, Plaintiff-Appellee, The States of Arkansas, Connecticut, Delaware, Hawaii, Indiana, Iowa, Kansas, Louisiana, Minnesota, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, Puerto Rico, the Territory of Guam and the Virgin Islands, Intervenors-Appellants, Cities Service Company, Intervenor-Appellee.

Nos. 5-101, 5-102.

Temporary Emergency Court of Appeals.

April 24, 1984.

As Corrected May 14 and August 10, 1984.

Before BECKER, DAUGHERTY and THORNBERRY, Judges.

INTERLOCUTORY FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDERS DENYING WITHOUT PREJUDICE JOINT MOTIONS TO REMAND AND DIRECTING FILING OF RECORD ON APPEAL AND BRIEFS OF APPELLANTS AND INTERVENORS-APPELLANTS

WILLIAM H. BECKER, Judge.

FACTS

The defendants-appellants, the Department of Energy (DOE) and the Secretary of Energy (Secretary), in No. 5-102, and the intervenors-appellants, the States of Arkansas, et alii (States) in No. 5-101, filed separate appeals to this Court from a judgment and orders of the United States District Court for the Northern District of Texas, Dallas Division in a civil action designated by appellants District Court No. CA-3-78-1487-W. (Because no Record on Appeal has been filed the records of this Court do not contain a copy of the judgment and orders of the District Court or transcript of any proceedings therein.) These two separate appeals, numbered 5-101 and 5-102 on the docket of this Court are considered jointly.

The Notice of Appeal of the States in No. 5-101, filed in this Court on October 14, 1983 (with caption and signatures omitted) is as follows:

The above-listed jurisdictions sic ("the States"), intervenors in the proceeding below, hereby give notice of their appeal to this Court from a final judgment of the United States District Court for the Northern District of Texas, entered on July 20, 1983 by Chief Judge Halbert O. Woodward (filed on July 25, 1983), and from an Order entered by Chief Judge Woodward on September 13, 1983 (filed September 14, 1983) denying the motion of certain States for reconsideration and clarification of the aforesaid final judgment.

The States appeal only from those portions of the District Court's Judgment which (1) lifted in all respects the District Court's injunction, entered on June 4, 1979 and filed on June 6, 1979, with regard to plaintiff Ray L. Hunt, Independent Executor of the Estate of H.L. Hunt ("Hunt"); (2) authorized the escrow agent for Hunt to pay out funds contained in the Hunt escrow account in accordance with the Department of Energy's ("DOE's") Remedial Order in In re Estate of H.L. Hunt, Case No. 6A0C00027 (November 10, 1977); and (3) denied the relief prayed for by the States, namely the distribution of the funds in the Hunt escrow account to the States for use in energy-related projects for the benefit of their citizens or, in the alternative, a referral of the remedy issue to DOE's Office of Hearing and Appeals for a proceeding under Subpart V of DOE's regulations, 10 CFR §§ 205.280-205.288. The States also appeal from that part of the District Court's Order denying their motion for reconsideration.

The Notice of Appeal of the DOE and Secretary in No. 5-102, filed in this Court on October 14, 1983 (with caption and signatures omitted) is as follows:

Notice is hereby given that defendants Department of Energy and Donald Paul Hodel, Secretary of Energy, appeal to the Temporary Emergency Court of Appeals from a final judgment entered on July 25, 1983 by Honorable Halbert O. Woodward, the Chief Judge of the United States District Court for the Northern District of Texas. The defendants moved for reconsideration of that order on August 4, 1983, pursuant to Federal Rules of Civil Procedure 52, 59 and 60. The district court denied that motion on September 14, 1983.

The focus of this appeal is whether the district court erred in denying defendants' motion to remand to the Department for re-examination in light of decontrol of petroleum prices that part of the remedial order directing refund of the overcharges to the first purchaser-refiner, Cities Service Company.

In No. 5-101 the States as appellants filed a statement required by Rule 15(c) of this Court, to accompany their Notice of Appeal which (omitting caption, introductory paragraphs, signatures and list of counsel) was as follows:

2. This appeal is brought pursuant to Section 211(b)(2) of the Economic Stabilization Act of 1970, as amended ("ESA"), 12 U.S.C. § 1904 note, as incorporated by reference in Section 5(a)(1) of the Emergency Petroleum Allocation Act of 1973, as amended ("EPAA"), 15 U.S.C. § 754(a)(1).

More specifically, the States appeal only from those portions of the final judgment entered on July 20, 1983 by Chief Judge Halbert O. Woodward (filed on July 25, 1983) which (1) lifted in all respects the District Court's injunction, entered on June 4, 1979 and filed on June 6, 1979, with regard to plaintiff Ray L. Hunt, Independent Executor of the Estate of H.L. Hunt ("Hunt"); (2) authorized the escrow agent for Hunt to pay out funds contained in the Hunt escrow account in accordance with the Department of Energy's ("DOE's") Remedial Order in In re Estate of H.L. Hunt, Case No. 6A0C00027 (November 10, 1977); and (3) denied the relief prayed for by the States, namely the distribution of the funds in the Hunt escrow account to the States for use in energy-related projects for the benefit of their citizens or, in the alternative, a referral of the remedy issue to DOE's Office of Hearing and Appeals for a proceeding under Subpart V of DOE's regulations, 10 CFR §§ 205.-280-205.288. The States also appeal from that portion of the District Court's September 14, 1983 Order denying their motion for reconsideration of the aforesaid final judgment.

In general, the issues raised by this appeal are whether the District Court erred in holding in its Memorandum Opinion and Order, entered on July 20, 1983 and filed July 25, 1983, that (1) the Court has no authority, in a suit brought under Section 211 of the ESA, to do anything other than enforce the terms of the Remedial Order DOE issued to Hunt in November 1977; and (2) the decontrol of crude oil in January 1981 does not constitute a significant change in circumstances surrounding the issuance of the 1977 Remedial Order so as to warrant a remand to DOE for reconsideration of the remedy originally specified in such Order. This appeal also raises the issue of whether the District Court improperly denied the States' motion for reconsideration of said holdings.

3. To the States' knowledge, no party is proceeding in forma pauperis or pro se.

4. On August 19, 1983, the States filed a Notice of Appeal with this Court (No. 5-98) concerning the District Court's final judgment of July 25, 1983. By Order entered October 4, 1983, this Court dismissed that appeal without prejudice. To the States' knowledge, no appeal has been taken in this case to any other court of appeals.

5. The 171-page transcript of the June 21, 1983 oral argument in the District Court will be included in the appendix to the States' brief. The court reporter was Roger W. Miller, C200 U.S. Courthouse, Lubbock, Texas 79401.

In No. 5-102 the DOE and Secretary as appellants filed a statement, required by Rule 15(c) of this Court to accompany their Notice of Appeal, which (omitting caption, introductory paragraphs, signatures and lists of counsel) was as follows:

2. Plaintiff Ray L. Hunt, Independent Executor of the Estate of H.L. Hunt (Hunt), brought, pursuant to the Emergency Petroleum Allocation Act, this action challenging a remedial order issued by the defendant DOE on November 11, 1977. The challenged order found that Hunt had miscertified crude oil produced from its Upper Bearhead Unit as stripper well oil and required Hunt to refund the overcharges with interest to Cities Service Company, the first purchaser of the oil. The district court issued a preliminary injunction restraining the DOE from enforcing the challenged remedial order and requiring Hunt to place the disputed overcharges in an interest-bearing escrow account.

On June 25, 1983, the district court entered a final judgment finding Hunt liable for the overcharges but denying the defendants' motion to remand to the DOE the refund portion of the remedial order to determine whether the refund provision should be modified in light of decontrol of petroleum price. The focus of the appeal is whether the district erred in denying the defendants' motion to remand.

3. Counsel for defendants is not aware of any party proceeding In Form Pauperis sic or Pro Se.

4. The defendants have not appealed this case to any other court. Counsel for defendants is not aware of any appeal by another party to any other court.

5. The 171 page transcript of the hearing on the remedy issue will included sic in the record. The court reporter was Roger Miller, C 200 U.S. Courthouse, Lubbock, Texas 79401.

The appellants by unopposed motions, secured successive extensions of time for filing briefs and the record on appeal. The last extension of time to February 17, 1984 for filing the record on appeal and briefs of appellants was granted by the Clerk of this Court on the unopposed Joint Motion of All Parties for Extension of Time. This joint motion for extension of time stated:

Plaintiff and defendants as well as the intervenors Cities Service Company and the States have reached settlements which will avoid the necessity of an appeal, but the additional time is required to permit the parties to finalize the language of the settlement agreements. (Words in brackets added.)

On February 15, 1984 a "Joint Motion to Remand" was filed in No. 5-102 which (caption and signatures omitted) was as follows:...