(Download) "Texaco Inc. v. Federal Power Commission" by United States Court of Appeals for the Third Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Texaco Inc. v. Federal Power Commission
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 12, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Opinion OF THE COURT VAN DUSEN, Circuit Judge. Petitioner seeks review of a regulation requiring it to pay interest ""compounded monthly"" on refunds ordered by the Federal Power Commission (hereinafter ""Commission""). On April 2, 1968, the Commission unilaterally amended Part 154.102 (18 C.F.R. 154.102) of its Regulations under the Natural Gas Act (15 U.S.C. § 717 ff.) by promulgating its Order No. 362.1 This order established for the first time a compound interest rate which would be required on amounts ordered refunded pursuant to § 4(e) (15 U.S.C. § 717c(e)) of the Natural Gas Act.2 On May 1, 1968, Texaco filed with the Commission an application for rehearing of Order No. 362. The Commission took no action within 30 days and by virtue of § 19(a) of the Natural Gas Act (15 U.S.C. § 717r(a)) its application was deemed denied. Texaco then filed a petition to review order No. 362 with this court pursuant to 15 U.S.C. § 717r(b), complaining that this new rule was promulgated without giving it or any other jurisdictional natural gas company any notice or an opportunity to participate in the rule-making through the submission of written data, views, or arguments, thus violating a mandate of the Administrative Procedure Act, 5 U.S.C. § 553(b) and (c).3 See Superior Oil Company v. Federal Power Commission, 322 F.2d 601, 608 (9th Cir.1933), cert. den. 377 U.S. 922, 84 S. Ct. 1219, 12 L. Ed. 2d 215 (1964).