Mobil Alaska Pipeline Company v. United States

434 U.S. 949

• Court: Supreme Court of the United States
• Decided: December 5, 1977
• Docket: A-278 (77-452); A-280 (77-457); A-319 (77-551); A-376 (77-602)
• Status: Published

Opinions

C. A. 5th Cir.

On October 20, 1977 [ante, p. 913], this Court stayed the order of the Interstate Commerce Commission served June 28, 1977, in its Investigation and Suspension Docket No. 9164, Trans Alaska Pipeline System (Rate Filings), pending final disposition of the petitions for writ of certiorari by this Court. To further effectuate that order, it is hereby ordered:

1. During the period the stay is in effect, commencing at 3 p. m., e. d. t., October 20, 1977, the following pipeline companies may collect their respective rates set forth in the tariffs that were suspended by the Interstate Commerce Commission in its order of June 28,1977:

Amerada Hess Pipeline Corporation

ARCO Pipe Line Company

BP Pipelines, Inc.

Mobil Alaska Pipeline Company

Sohio Pipe Line Company

Exxon Pipeline Company

Union Alaska Pipeline Company

2. The Federal Energy Regulatory Commission may proceed with its investigation of the rates set forth in said tariffs (FERC Docket No. OR78-1) and in connection with that investigation may enter any appropriate orders not inconsistent with either this order or this Court’s order of October 20, 1977.

3. During the period the stay is in effect, the pipeline companies shall keep account of all sums collected under the terms of said tariffs by virtue of the stay entered by this Court.

4. In the event certiorari is denied or it is otherwise ultimately determined that said pipeline companies were not lawfully entitled to collect a portion of the rates so collected, the pipeline companies shall refund such portion of said rates, with interest computed in accordance with Section 15 (8) (e) of the Interstate Commerce Act, as amended, 90 Stat. 38, 49 U. S. C. A. § 15 (8)(e) (Supp. 1977), to the persons entitled thereto without further order of this Court.

Mr. Justice Stewart and Mr. Justice Powell took no part in the consideration or decision of this order.