Tenneco Oil Company and Continental Oil Company v. Federal Energy Regulatory Commission, El Paso Natural Gas Company v. Sun Oil Company

ORDER:

These consolidated cases present an issue that is best handled by awaiting the action of the Federal Energy Regulatory Commission (FERC) in the related administrative proceeding raising essentially the same substantive question: Whether certain natural gas lease-sale agreements are sales of gas in interstate commerce within the meaning of § 5 of the Natural Gas Act, 15 U.S.C.A. § 717d. See United Gas Improvement Co. v. Continental Oil Co. (“Rayne Field”), 1965, 381 U.S. 392, 85 S.Ct. 1517, 14 L.Ed.2d 466; Continental Oil Co. v. FPC (“Ship Shoal”), 5 Cir., 1966, 370 F.2d 57, cert.…