Hunt Oil Co. v. Federal Power Commission

Fifth Circuit

Hunt Oil Co. v. Federal Power Commission

300 F.2d 429, 43 P.U.R.3d 383

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 9, 1962

DocketNos. 19395, 19399, 19401, 19403

StatusPublished

Cited by1 cases

This text of 300 F.2d 429 (Hunt Oil Co. v. Federal Power Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunt Oil Co. v. Federal Power Commission, 300 F.2d 429, 43 P.U.R.3d 383 (5th Cir. 1962).

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Opinion

PER CURIAM.

These Petitions for Review under the Natural Gas Act, 15 U.S.C.A. § 717, challenge the order of August 30, 1961, which allows certain interventions and, broadly stated, reopens the proceedings concerning refund of a Louisiana tax for further hearing and consideration by the Federal Power Commission. The attack of Petitioners essentially is that the orders of February 21, 1961, or May 29, 1961 (or both) became final so that the [430]*430Commission lacked jurisdiction to enter the order of August 30, 1961. While this may ultimately be the decision, we agree with the Commission that the order appealed from — that of August 30, 1961 — does not decide or determine anything finally. Hence, this review is premature and must await final administrative action. Indeed, in such reopened proceeding the Commission itself might determine that its prior orders forbid any further reconsideration. Or, on the merits, the Commission might conclude that only such taxes as were actually refunded by Louisiana should be refunded by Petitioners.

The petitions for review are therefore dismissed for lack of an order authorizing judicial review. It should be made clear that this is in no way a determination, intimation or expression of any views, one way or the other, concerning matters presented in these orders or petitions for review.

Petitions dismissed.

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PER CURIAM.

These Petitions for Review under the Natural Gas Act, 15 U.S.C.A. § 717, challenge the order of August 30, 1961, which allows certain interventions and, broadly stated, reopens the proceedings concerning refund of a Louisiana tax for further hearing and consideration by the Federal Power Commission. The attack of Petitioners essentially is that the orders of February 21, 1961, or May 29, 1961 (or both) became final so that the [430]*430Commission lacked jurisdiction to enter the order of August 30, 1961. While this may ultimately be the decision, we agree with the Commission that the order appealed from — that of August 30, 1961 — does not decide or determine anything finally. Hence, this review is premature and must await final administrative action. Indeed, in such reopened proceeding the Commission itself might determine that its prior orders forbid any further reconsideration. Or, on the merits, the Commission might conclude that only such taxes as were actually refunded by Louisiana should be refunded by Petitioners.

The petitions for review are therefore dismissed for lack of an order authorizing judicial review. It should be made clear that this is in no way a determination, intimation or expression of any views, one way or the other, concerning matters presented in these orders or petitions for review.

Petitions dismissed.

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300 F.2d 429, 43 P.U.R.3d 383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-oil-co-v-federal-power-commission-ca5-1962.

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