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Administrative Law Keyed to Popper
Pacific Gas & Electric Co. v. Federal Power Commission
Citation:
506 F.2d 33 (1974)Facts
In response to a natural gas shortage, the FPC issued Order No. 431 in 1971 directing pipeline companies to file curtailment plans. Pipeline companies submitted various plans, reflecting different views on proper priorities for delivery. To provide guidance and uniformity, the FPC issued Order No. 467 on January 8, 1973, entitled “Statement of Policy,” setting forth the Commission’s view of proper curtailment priorities based on end use rather than contractual commitments. The order stated the Commission’s intent to follow this priority schedule unless a pipeline company demonstrated that a different plan better served the public interest. Petitioners, particularly electric generating companies assigned low priority, challenged the order as procedurally defective for failure to comply with APA rulemaking requirements, substantively defective for lack of factual basis, and environmentally defective for failure to comply with NEPA.
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