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Public Serv. Comm'n v. Federal Power Comm'n

Citation: 2 ELR 20213
No. No. 71-1197, 463 F.2d 824/(D.C. Cir., 05/16/1972)

The Federal Power Commission's bare conclusions in the grant of a pipeline certificate which had been remanded to the FPC for articulation to enable the parties adversely affected to criticize the action more effectively and to facilitate judicial review will be accepted where such conclusions are now supported by demonstrated agency expertise. A peipeline certificate allowing a producer of natural gas to divert gas from possible interstate consumption for personal consumption will be upheld under the "usual standards" of review, where the agency expertise indicates a possible overall increase in gas reserves resulting from the producer's "incentive" to explore and develop new fields. The record shows that the requirements of NEPA were met.

Counsel for Petitioner — New York Public Service Commission
Morton L. Simons
Simons & Simons
1819 H Street, N.W.
Washington, D.C. 20006

Counsel for Intervenor — Chandeleur Pipe Line Company
David B. Ward
Wolf & Case
1625 K Street, N.W.
Washington, D.C. 20006

Counsel for Respondent — Federal Power Commission
J. Richard Tiano Assistant Solicitor
Federal Power Commission
441 G Street, N.W.
Washington, D.C. 20001

Before TAMM, ROBB and WILKEY, Circuit Judges.