Federal Power Commission v. Panhandle Eastern Pipe Line Co. et al. (337 U.S. 498)
U.S. Supreme Court · decided June 20, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 498 · 69 S. Ct. 1251
- Docket
- No. 558
- Argued
- April 22, 1949
- Decided
- June 20, 1949
- Term
- October Term 1948
- Vote
- 5–3
- Majority author
- Justice Reed
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Vinson, Justice Burton, Justice R. H. Jackson, Justice Frankfurter, Justice Reed (wrote)
- Dissenting
- Justice Douglas, Justice Black (wrote), Justice Rutledge
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. Stated broadly this certiorari brings before us for review a problem involving the scope of the power over the gas reserves of a natural-gas company given, to the Federal Power Commission by the Natural Gas Act. 52 Stat. 821, as amended, 56 Stat. 83. Specifically the question to be decided is whether a natural-gas company, subject to the Act, may sell the leases covering an estimated twelve per cent, of its total gas reserves without the approval and contrary to an order of the Commission. The issue is madé very sharply because the District Court .and the Court of Appeals have refused an injunction, sought by the Commission, to hold the. gonsummation of the sale in abeyance until the Commission, through an admittedly permissible investigation, ■ can determine whether the disposal of these reserves will impair the ability of Panhandle to supply its present and prospective customers dn the area which it has undertaken to serve as a public utility. The Commission may find that public interest will best be served by requiring Panhandle to retain these. reserves. The public interest has strong appeal to a court of equity for its remedies once a legal right is fairly in controversy. Respondent, Panhandle Eastern Pipe Line Company (herein called Panhandle), a Delaware corporation, transports and markets natural gas in interstate…
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