ELR Citation: ELR 20323
No(s). 72-1805 (D.C. Cir. Apr 12, 1974)

The U.S. Court of Appeals for the D.C. Circuit reverses and remands a Federal Power Commission decision to postpone action on an intrastate gas company's request for a determination as to whether providing service to an area which is claimed by both Tennessee and Georgia will subject it to regulation by the Commission. The FPC cannot and need not resolve the boundary dispute, but it can and should determine the application of the Natural Gas Act in light of this situation. The agency's refusal to act is unreasonable since the alternative to determining jurisdiction under these circumstances is an extended period of legal uncertainty. Both the majority opinion and a concurrance suggest that the Commission meet with authorities from the two states and attempt to arrive at an agreement concerning state regulation of the disputed area.

Counsel for Petitioner
Albert G. Norman, Jr.
Hansell, Post, Brandon & Dorsey
3800 First National Bank
Atlanta, GA 30303

John E. Holtzinger, Jr.
Frederick Moring
Morgan, Lewis & Bockius
1140 Connecticut Avenue, NW
Washington, DC 20036

Counsel for Respondent
George W. McHenry, Jr. Solicitor
Leo E. Forquer General Counsel
William M. Sawyer
Federal Power Commission
441 G Street, NW
Washington, DC 20426