ELR Citation: ELR 20213
No(s). 72-1415 (5th Cir. Feb 7, 1973)

The National Environmental Policy Act does not apply to the Federal Power Commission's adoption of a plan curtailing natural gas deliveries, because the Act conflicts with the FPC's statutory duty to take interim curtailment actions during times of shortage. The plan to curtail service to certain pipeline customers is upheld despite the fact that it was designed by the company restricting the service, and that formal review has not been completed by the FPC.

Counsel for Plaintiffs
Lawrence Burleigh
Levy, Burleigh, Russo & Bourg
P.O. Box 2625
Morgan City, Louisiana 70380

Counsel for Defendants
Joseph W. Nelkin
2008 ITM Building
New Orleans, Louisiana 70130

Christopher Tompkins
Deutsch, Kerrigan & Stiles
1700 Hibernia Bank Building
New Orleans, Louisiana 70112