Legal Opinion

Pennzoil Company v. Federal Energy Regulatory Commission

Court of Appeals for the Fifth Circuit

Decided August 21, 1981No. 79-1247, 79-1602PublishedCited by 156 opinions

1Opinion of the Court

SAM D. JOHNSON, Circuit Judge:

The continuing battle between producers and consumers over natural gas prices is once again before this Court. The issue in this controversy can be simply stated: May “area rate clauses” 1 in existing interstate gas purchase contracts escalate the contract price to the maximum lawful price provided in the Natural Gas Policy Act of 1978? NGPA, 15 U.S.C.A. §§ 3301-3432. In the orders on review, the Federal Energy Regulatory Commission 2 (FERC) held that the NGPA was no bar to that escalation and that area rate clauses as a general rule constituted sufficient…

2Cases cited60 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. Udall v. TallmanSupreme Court of the United States · 1965
  4. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  5. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950

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3Cited by156 opinions

  1. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  2. Lindell Washington v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2018
  3. United Distribution Companies v. Federal Energy Regulatory Commission, Windward Energy & Marketing Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1996
  4. United States v. JohnsonCourt of Appeals for the Fifth Circuit · 2011
  5. Gwendolyn Phillips v. Asset Acceptance, LLCCourt of Appeals for the Seventh Circuit · 2013

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