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Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954)
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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.
Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954)
Phillips Petroleum Co. v. Wisconsin Argued April 6-7, 1954 Decided June 7, 1954 * 347 U.S. 672
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
The Company here involved engages in the production, gathering, processing and sale of natural gas. It does not engage in the interstate transmission of gas from the producing fields to consumer markets and is not affiliated with any company that does so, but it sells natural gas to five interstate pipeline companies which transport and resell the gas to consumers and local distributing codmpanies from 14 states. The gas flow from producing wells through a network of converging pipelines to one of 12 processing plants, where extractable products and impurities are removed. Thence it flows a short distance to a delivery point, where it is sold and delivered to an interstate pipeline company. It then continues its flow through an interstate pipeline system until delivered in other states.
Held: this Company is a "natural gas company" within the meaning of the Natural Gas Act, and its sales in interstate commerce of natural gas for resale are subject to the jurisdiction of, and rate regulation by, the Federal Power Commission. Pp. 674-685.
(a) The Company admittedly is engaged in "the sale in interstate commerce of natural gas for resale" within the meaning of the Act. P. 677.
(b) The sales by this Company are not a part of the "production or gathering of natural gas," which are excluded from the Commission’s jurisdiction under § 1(b), since the production and gathering end before the sales occur. Interstate Natural Gas Co. v. Federal Power Comm’n, 331 U.S. 682. Pp. 677-681.
(c) Congress did not intend to regulate only interstate pipeline companies. Rather the legislative history indicates a congressional intent to give the Commission jurisdiction over the rates of all wholesales of natural gas in interstate commerce, whether by a pipeline company or not and whether occurring before, during, or after transmission by an interstate pipeline company. Pp. 681-684.
(d) Cities Service Gas Co. v. Peerless Oil & Gas Co., 340 U.S. 179, and Phillips Petroleum Co. v. Oklahoma, 340 U.S. 190, do not require a different result. Pp. 684-685.
(e) Regulation of sales in interstate commerce for resale made by a so-called independent natural gas producer is not essentially different from regulation of such sales when made by an affiliate of an interstate pipeline company. P. 685.
92 U.S.App.D.C. 284, 205 F.2d 706, affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954) in 347 U.S. 672 347 U.S. 673–347 U.S. 674. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=K6W89EV87F7PQK9.
MLA: U.S. Supreme Court. "Syllabus." Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954), in 347 U.S. 672, pp. 347 U.S. 673–347 U.S. 674. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K6W89EV87F7PQK9.
Harvard: U.S. Supreme Court, 'Syllabus' in Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672 (1954). cited in 1954, 347 U.S. 672, pp.347 U.S. 673–347 U.S. 674. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=K6W89EV87F7PQK9.
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