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Fpc v. United Gas Pipe Line Co., 393 U.S. 71 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Fpc v. United Gas Pipe Line Co., 393 U.S. 71 (1968)
Federal Power Commission v. United Gas Pipe Line Co. No. 247 Decided October 21, 1968. * 393 U.S. 71
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Syllabus
This Court previously sustained the formula of the Federal Power Commission (FPC) for determining the tax component of respondent’s cost of service, but remanded the cases (386 U.S. 237) with respect to whether it was significant in applying the formula that respondent had both jurisdictional and nonjurisdictional income. The Court of Appeals held that the issue had been sufficiently raised by respondent’s petition for rehearing before the FPC, and that the formula required that consolidated tax savings be first allocated to respondent’s nonjurisdictional income.
Held: Since the FPC did not disclose the basis for its order and did not "give clear indication that it has exercised the discretion with which Congress has empowered it," Phelps Dodge Corp. v. NLRB, 313 U.S. 177, 197, the cases were not in the proper posture for judicial review, and should have been remanded to the FPC for further consideration.
Certiorari granted; 388 F.2d 385, reversed and remanded.
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Chicago:
U.S. Supreme Court, "Syllabus," Fpc v. United Gas Pipe Line Co., 393 U.S. 71 (1968) in 393 U.S. 71 Original Sources, accessed July 30, 2025, http://originalsources.com/Document.aspx?DocID=C8I4J16B6Z21GBZ.
MLA:
U.S. Supreme Court. "Syllabus." Fpc v. United Gas Pipe Line Co., 393 U.S. 71 (1968), in 393 U.S. 71, Original Sources. 30 Jul. 2025. http://originalsources.com/Document.aspx?DocID=C8I4J16B6Z21GBZ.
Harvard:
U.S. Supreme Court, 'Syllabus' in Fpc v. United Gas Pipe Line Co., 393 U.S. 71 (1968). cited in 1968, 393 U.S. 71. Original Sources, retrieved 30 July 2025, from http://originalsources.com/Document.aspx?DocID=C8I4J16B6Z21GBZ.
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