Opinion · Court of Appeals for the Fifth Circuit
Louisiana Power & Light Company and New Orleans Public Service Inc. v. Federal Power Commission
La. Power & Light Co. & New Orleans Pub. Serv. Inc. v. Fed. Power Comm’n, 476 F.2d 132 (5th Cir. 1973)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1973-02-07
- Topic
- bankruptcy
PER CURIAM: This case is one of a group arising from 1;he adoption by the Federal Power Commission of “curtailment plans” filed by United Gas Pipe Line Company. These curtailment plans were the outgrowth of an order promulgated by the FPC and were aimed at serving the public interest by establishing a rational scheme of allocation of available natural gas in light of the current, somewhat critical, shortage of this much-used fuel. Due to this shortage, pipeline companies found that they would not be able to meet all of their current contractual obligations for delivery of gas. At present, the FPC has not finally ap *134 proved any of the curtailment plans in question. It has, however, issued two orders, Opinions 606 and 606A, which are reviewable and are now challenged by numerous parties on several grounds before this court.
Citator
UpLaw has not yet analyzed Louisiana Power & Light Company and New Orleans Public Service Inc. v. Federal Power Commission. The absence of a flag is not a finding that it is good law.
- Cited by
- 4 opinions
Gordon Gooch, Gen. Counsel, Ruben Lozner, Staff Counsel, Leo E. Forquer, Sol., J. Richard Tiano, George W. McHenry, Jr., First Asst. Sols., F. P. C., Washington, D.C., for respondent.
William B. Cassin, Houston, Tex., for United Gas Pipeline.
Leon M. Payne, Houston, Tex., W. DeVier Pierson, Washington, D.C., for United Gas, Inc.
William G. Riddoch, Dan A. Bruce and Thomas G. Johnson, Houston, Tex., for Shell Oil.
Clarence H. Ross and Raymond J. Petersen, Chicago, Ill., for Natural Gas Pipe Line of America.
Christopher T. Boland, Washington, D.C., and Robert O. Koch, Owensboro, Ky., for Texas Gas Transmission.
J. Evans Attwell and Jack D. Head, Houston, Tex., for Texas Eastern Transmission Corp.
Harry L. Albrecht, Birmingham, Ala., for Southern Natural Gas Co.
Thomas M. Knebel, Washington, D.C., for Willmut Gas Oil Co.
Eaton A. Lang, Jr., Gulfport, Miss., and A. Edward Grashof, New York City, for Miss. Power Co.
George M. Wear, Monroe, La., for Olinkraft, Inc.
Wm. W. Bedwell, Washington, D.C., and James H. Wuller, St. Louis, Mo., for Miss. River Transmission Corp.
Peter H. Schiff, Gen. Counsel, P.S.C. for N. Y., Albany, N. Y., Richard A. Solomon, Washington, D.C., for Public Service Comm. for State of N. Y.
Arnold D. Berkeley, Washington, D.C., and Fred G. Benton, Sr., Baton Rouge, La., for State of Louisiana and others.
Barbara M. Gunther, Brooklyn, N. Y., for Brooklyn Union Gas Co.
Richard W. Duesenberg and Dwight W. Miller, St. Louis, Mo., for Monsanto Co.
John T. Miller, Jr., Washington, D.C., for Monsanto Co. and Texas Gulf Sulphur.
John J. Mullally, Washington, D.C., for Miss. River Transmission Corp.
George W. Hugo, Houston, Tex., for Texas Gulf Sulphur.
John S. Schmid, New York City, for Boston Gas Co., and others.
[8] The precise objection made by petitioners in a supplementary brief filed five days prior to oral argument was that United, with the knowing acquiescence of the FPC, was curtailing deliveries on the "Green System East" for several months before the FPC ever made its initial finding of jurisdiction over that pipeline. The claim is that curtailment is not retroactive and that curtailment while the Commission was making its initial jurisdictional decision was improper. The issue was not orally argued.
[9] This panel of the court has recently been assigned to review the FPC's ultimate decision on jurisdiction over the "Green System East." Louisiana PowerPage 135Light, et al. v. Federal Power Commission, No. 72-1714 (consolidated with several other cases on the same issue). We notice in the briefs for those cases that this issue is raised and answered. Since argument in those cases will be forthcoming in the near future, we feel that a better resolution of this issue can be made in those cases. We therefore decline to pass on this issue at this time.
[10] As to the issues raised by these petitioners, the orders of the FPC are affirmed in part and remanded in part.
- 5 Cir. 1973,476 F.2d 121. ↩