Fpc v. Amerada Petroleum Corp., 379 U.S. 687 (1965)

Federal Power Commission v. Amerada Petroleum Corp.


No. 585


Decided February 1, 1965
379 U.S. 687

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Syllabus

1. Where a supplier sells natural gas to an interstate pipeline company which commingles it with gas from other sources and uses some of the mixture intrastate, but sells a substantial portion thereof in interstate Commerce, the parties may not avoid the jurisdiction of the Federal Power Commission by stipulating in their contract that, contrary to the actuality of pipeline transportation, all the supplier’s gas sold under the contract will be used intrastate. California v. Lo-Vaca Gathering Co., ante, p. 366, followed. P. 690.

2. The doctrine of collateral estoppel is not applicable here, since only the scope of future regulation concerning transactions not governed by past decisions is involved. P. 690.

Certiorari granted; 334 F.2d 404 reversed.