SUNRAY MID-CONTINENT OIL CO.
v.
FEDERAL POWER COMMISSION

U.S. | 1957-04-29
No. 814
Mr. Justice Clark took no part in the consideration or decision of this case.
353 U.S. 944 Supreme Court of the United States (1957) Negative Treatment
Cited by 10 cases
Per_curiam
Per Curiam:

Per Curiam:

The petition for writ of certiorari is granted. The power of the Court of Appeals in reviewing the order of the Federal Power Commission was exhausted when it held that the Commission had authority under § 7 (c) and (e) of the Natural Gas Act to issue certificates of public convenience and necessity of limited duration. Securities and Exchange Commission v. Chenery Corp., 318 U. S. 80. The judgment is therefore reversed and the case is remanded to the United States Court of Appeals for the Tenth Circuit for remand to the Commission with directions to consider the applications on their merits. The Commission, now agreeing with the Court of Appeals as to its authority, agrees to this disposition of the case.

Mr. Justice Clark took no part in the consideration or decision of this case.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Sunray Mid-Continent Oil Co. v. Fed. Power Comm'n, 364 U.S. 137 (U.S. 1960)
    …rtificate. There is no contention that the Commission was again indulging in the erroneous notion that it had no power to issue a limited certificate. Cf. Sunray Mid-Continent Oil Co. v. Federal Power Comm’n, 239 F. 2d 97, reversed on other grounds, 353 U. S. 944. This procedural formulation seems to us well within the Commission’s discretion as an implementation of the Act’s protective provisions which we have discussed. And, though much urged by petitioner, the fact that the Commission has certificated pip…
    1 / 2
  • Sun Oil Co. v. Fed. Power Comm'n, 364 U.S. 170 (U.S. 1960)
    …5, 1955, in Sunray Oil Corp., 14 F. P. C. 877. It was not until October 29, 1956, that judicial rejection of the Commission’s position occurred.8 Sunray Mid-Continent [*176] Oil Co. v. Federal Power Comm’n, 239 F. 2d 97, reversed on other grounds, 353 U. S. 944. Nothing in petitioner’s application shows an attempt to take issue with that conception of the Commission, which of course would mean that every certificate granted under its influence would be intended to be permanent. It would surpass belief to s…
    1 / 2
  • Fed. Power Comm'n v. Moss, 424 U.S. 494 (U.S. 1976)
    …of Appeals for the Tenth Circuit had addressed that question at an earlier stage of the litigation and had held that the FPC was authorized to issue such certificates. Sunray Mid-Continent Oil Co. v. FPC, 239 F. 2d 97 (1956), rev’d on other grounds, 353 U. S. 944 (1957) (Sunray I). Sunray II implicitly approved this holding in stating, 364 U. S., at 157: “There is no contention that the Commission was again indulging in the erroneous notion that it had no power to issue a limited certificate.” Thus, rather…
    1 / 2

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