Opinion · Court of Appeals for the D.C. Circuit

Brooklyn Union Gas Co. v. Federal Energy Regulatory Commission

575 F.2d 894

Type
Opinion
Court
Court of Appeals for the D.C. Circuit
Jurisdiction
Federal
Date
1978-02-09
Topic
general

Opinion Per Curiam. PER CURIAM: This case involves a challenge by the New York Public Service Commission and various gas distributors to the FPC’s so-called Chandeleur policy, under which producers are permitted to use some of their offshore natural gas for their own refining and other processes. In its opinion No. 727, issued on April 17, 1975, the Commission, pursuant to Chandeleur, granted certificate applications permitting sequestration of offshore gas for the producers’ own use. The certificates were, however, conditioned to limit the percentage of offshore gas reserves which could be sequestered to twenty percent. Additional conditions were also imposed.

Citator

UpLaw has not yet analyzed Brooklyn Union Gas Co. v. Federal Energy Regulatory Commission. The absence of a flag is not a finding that it is good law.

Cited by
3 opinions
BROOKLYN U. GAS CO. v. FED. ENERGY REG. COM.,575 F.2d 894(D.C. Cir. 1978)
BROOKLYN UNION GAS COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY
COMMISSION, RESPONDENT, TENNESSEE GAS PIPELINE CO., CONTINENTAL OIL CO.,
PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, AND STATE OF LOUISIANA,
INTERVENORS.
PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, PETITIONER, v. FEDERAL
ENERGY REGULATORY COMMISSION, RESPONDENT, CITIES SERVICE OIL CO., TENNESSEE
GAS PIPELINE COMPANY, CONTINENTAL OIL COMPANY, AND THE STATE OF LOUISIANA,
INTERVENORS.
Page 895
TEXAS EASTERN TRANSMISSION CORPORATION, PETITIONER, v. FEDERAL ENERGY
REGULATORY COMMISSION, RESPONDENT, PUBLIC SERVICE COMMISSION OF THE STATE OF
NEW YORK, TENNESSEE GAS PIPELINE CO., AND STATE OF LOUISIANA, INTERVENORS.
ASSOCIATED GAS DISTRIBUTORS, PETITIONER, v. FEDERAL ENERGY REGULATORY
COMMISSION, RESPONDENT, PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK
AND STATE OF LOUISIANA, INTERVENORS.
CITIES SERVICE OIL COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY
COMMISSION, RESPONDENT, ASSOCIATED GAS DISTRIBUTORS, TEXACO, INC., PUBLIC
SERVICE COMMISSION OF THE STATE OF NEW YORK, AND STATE OF LOUISIANA,
INTERVENORS.
CONTINENTAL OIL COMPANY, PETITIONER, v. FEDERAL ENERGY REGULATORY
COMMISSION, RESPONDENT, TENNESSEE GAS PIPELINE COMPANY, ETC., PUBLIC SERVICE
COMMISSION OF THE STATE OF NEW YORK, ASSOCIATED GAS DISTRIBUTORS, AND STATE
OF LOUISIANA, INTERVENORS.
Nos. 75-1581, 75-1584, 75-1644, 75-1698, 75-1801 and 75-1802.
United States Court of Appeals, District of Columbia Circuit.
Argued September 22, 1976.
Decided February 9, 1978.
Frederick Moring, Washington, D.C., with whom Kenneth A. Rubin, Washington, D.C., was on the brief for petitioners in Nos. 75-1581 and 75-1698 and intervenor, Associated Gas Distributors.

Richard A. Solomon, Washington, D.C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., was on the brief, for petitioner in No. 75-1584 and intervenor Public Service Commission of the State of New York also argued for petitioners in Nos. 75-1581 and 75-1698.

Platt W. Davis III, Washington, D.C., for petitioner in No. 75-1644. James W. McCartney and F. J. Coleman, Jr., Houston, Tex., were on the brief, for petitioner in No. 75-1644.Page 896

Tom Burton, Houston, Tex., for petitioner in No. 75-1802 and intervenor, Continental Oil Co.

Scott M. DuBoff, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Solicitor, Federal Energy Regulatory Commission, Washington, D.C., were on the brief for respondent. John H. Burnes, Jr., Atty., Federal Energy Regulatory Commission and John R. Staffier, Atty., Federal Energy Regulatory Commission, Washington, D.C., at the time the record was filed also entered appearances for respondent.

Sam Riggs, Jr., and Robert S. Wheeler, Tulsa, Okl., were on the brief for petitioners in No. 75-1801 and intervenor Cities Service Oil Co.

Melvin Richter, Terrence J. Collins and Lilyan G. Silbert were on the brief for intervenor, Tennessee Gas Pipeline Co.

James R. Patton, Jr., Harry E. Barsh, Jr., David B. Robinson and Linda E. Buck, Washington, D.C., entered appearances for intervenor, The State of Louisiana.

Kirk W. Weinert, C. Fielding Early, Jr., and Roger L. Brandt, Houston, Tex., entered appearances for intervenor, Texaco, Inc.
Petitions for Review of Orders of the Federal Energy Regulatory Commission.
Before BAZELON, Chief Judge, LEVENTHAL and ROBINSON, Circuit Judges.

Opinion Per Curiam.
PER CURIAM:
[1] This case involves a challenge by the New York Public Service Commission and various gas distributors to the FPC's so-calledChandeleurpolicy, under which producers are permitted to use some of their offshore natural gas for their own refining and other processes.

[2] In its opinion No. 727, issued on April 17, 1975, the Commission, pursuant toChandeleur,granted certificate applications permitting sequestration of offshore gas for the producers' own use. The certificates were, however, conditioned to limit the percentage of offshore gas reserves which could be sequestered to twenty percent. Additional conditions were also imposed. The producers ultimately rejected the certificates.

[3] In light of this development, we believe the case no longer presents a continuing controversy. Consequently, it is dismissed as moot.

[4]So ordered.