ELR Citation: ELR 20089
No(s). 72-1636 (D.C. Cir. Jan 2, 1974)

The Federal Power Commission has adequately established by competent evidence that its denial of an application for the interstate transport of natural gas for direct use does not significantly affect environmental quality and therefore does not require a NEPA impact statement. Although the court finds that some of the evidence in the FPC's opinion was extra record data, it rules that the petitioner was not deprived of any procedural or fairness right since the company was a party to the hearings in which these facts were developed. For the court's earlier opinion remanding the case to the FPC for a determination of whether an EIS was necessary, see 3 ELR 20776.

Counsel for Petitioner
John T. Miller, Jr.
1001 Connecticut Ave., NW
Washington, DC 20036

Counsel for Respondent
George McHenry Solicitor
Leo E. Forquer General Counsel
William M. Sawyer
Federal Power Commission
Washington, DC 20426