Legal Opinion · Concurrence

Southern California Edison Co. v. Federal Power Commission

Court of Appeals for the D.C. Circuit

Decided December 4, 1975No. Nos. 74-1043, 74-1046Published

1ConcurrenceBazelon, Chief Judge

Unlike the majority, I would reach the question, “. . . whether [the FPC is] empowered to entertain and grant relief on a petition [for extraordinary relief] filed by an intrastate and therefore non-jurisdictional purchaser and distributor of natural gas.” 1 I would hold that the Commission has both the authority and the obligation to entertain petitions for extraordinary relief from ultimate consumers.

I have no quarrel with the majority’s view that the asserted gravity of the energy shortage requires petitioners for extraordinary relief to exhaust all alternative sources of supply, and…

2Cases cited9 opinions

  1. Phillips Petroleum Co. v. WisconsinSupreme Court of the United States · 1954
  2. Federal Power Commission v. Louisiana Power & Light Co.Supreme Court of the United States · 1972
  3. Federal Power Commission v. Transcontinental Gas Pipe Line Corp.Supreme Court of the United States · 1961
  4. Conway Corporation v. Federal Power Commission, Arkansas Power & Light Company, IntervenorCourt of Appeals for the D.C. Circuit · 1975
  5. American Smelting & Refining Co. v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1974

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