Shell Oil Company v. Federal Power Commission

ON PETITION FOR REHEARING

(Opinion, 5 Cir. 1976, 531 F.2d 1324)

Before THORNBERRY, COLEMAN and MORGAN, Circuit Judges. PER CURIAM:

In its petition for rehearing, Intervenor Gulf Oil Corporation challenged certain distinctions made in the panel’s opinion between the Federal Power Commission’s decision in Gulf Oil Corp., 51 F.P.C. 1340 (1974) and 52 F.P.C. 593 (1974) and the instant case.

The portion of the panel’s opinion-in this case beginning on page 3621, column 1, line 18 and ending on page 3621, column 2, line 14 is withdrawn, 1 and the following language is substituted.

Gulf instituted a…