True Oil Company v. Federal Energy Regulatory Commission

BREITENSTEIN, Circuit Judge.

True Oil Company petitions for review of an order made by respondent, Federal Energy Regulatory Commission. The order reversed a determination by the Montana Board of Oil and Gas Conservation that a certain True well had tapped a new onshore reservoir as defined in the Natural Gas Policy Act of 1978, 15 U.S.C. § 3301 et seq., and thereby discovered gas eligible for higher ceiling prices. We grant the petition for review.

The case is unique. The True application was filed only a few months after the Act became effective. Both the Commission and the gas producers were…