Service Pipe Line Company, a Corporation v. Reconstruction Finance Corporation

217 F.2d 312, 1954 U.S. App. LEXIS 4250
CourtEmergency Court of Appeals
DecidedDecember 7, 1954
Docket662
StatusPublished
Cited by2 cases

This text of 217 F.2d 312 (Service Pipe Line Company, a Corporation v. Reconstruction Finance Corporation) is published on Counsel Stack Legal Research, covering Emergency Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Service Pipe Line Company, a Corporation v. Reconstruction Finance Corporation, 217 F.2d 312, 1954 U.S. App. LEXIS 4250 (eca 1954).

Opinion

217 F.2d 312

SERVICE PIPE LINE COMPANY, a Corporation,
v.
RECONSTRUCTION FINANCE CORPORATION.

No. 662.

United States Emergency Court of Appeals.

Heard at Oklahoma City, May 24, 1954.

Decided December 7, 1954.

T. W. Arrington and Ray S. Fellows, Tulsa, Okl., with whom Cecil L. Hunt and Charles R. Fellows, Tulsa, Okl., were on the brief, for complainant.

Anthony L. Mondello, Atty., Department of Justice, Washington, D. C., with whom Warren E. Burger, Asst. Atty. Gen., and Marvin C. Taylor, Atty., Department of Justice, Washington, D. C., were on the brief, for respondent.

Before MARIS, Chief Judge, and MAGRUDER and McALLISTER, Judges.

MAGRUDER, Judge.

This case involves the validity of an order issued under Defense Supplies Corporation Regulation 7 — Stripper Well Compensatory Adjustments (10 F.R. 6773).

Complainant Service Pipe Line Company, which corporation was formerly known as Stanolind Pipe Line Company, is engaged in the transportation by interstate pipe line, for others and for hire, of crude petroleum from the fields where produced to connecting carriers and refineries.

For purposes of such transportation, complainant gathers the oil from the producers' tanks through a network of pipe lines which are called gathering lines. The gathered oil goes into a pump station, where it is pumped into complainant's trunk pipe line and started on its way to refineries or to connecting carriers. The oil is relayed by pump stations located at intermediate points along the trunk line to its ultimate destination. As the oil is gathered from numerous leases, it is commingled so that the oil from any one lease completely loses its identity in the general mixture of the oil taken from all leased tanks connected to the gathering pipe line. When it is pumped at the gathering station into the trunk line, it is further commingled with all other oil being transported in the pipe line and becomes what is called the common stream. Oil or crude petroleum is accepted for transportation by complainant only on condition that it shall be subject to such changes in gravity, quality, or market value while in transit as may result from the commingling in the common stream with other crude petroleum in complainant's pipe lines or tanks. Complainant is under no obligation to make delivery of the identical crude petroleum which it may receive; but all crude petroleum received for shipment may be delivered out of the common stream at destination.

It is a well-recognized fact in the business of transporting crude petroleum by pipe line that losses occur between points of receipt and delivery thereof, losses resulting principally from breaks and leaks in the line, overflow of tanks, tank fires, evaporation, shrinkage due to temperature changes, the formation of sediment, the existence of water in the oil, etc. Complainant is allowed a tariff deduction of one-half of one per cent of the quantity of crude petroleum received by it from shippers for transportation; but aside from this deduction, it is obligated to deliver to its customers at the refinery, or to a connecting carrier, the same quantity which it has received for transportation and delivery. It may be that in the long-run average this deduction of one-half of one per cent is sufficient to cover losses of the sort described. But during shorter periods this is not necessarily so, for due to particularly bad accidents or disasters complainant has on occasion suffered losses of more than 130,000 barrels of petroleum during a thirty-day period.

Also, complainant has followed a long-accepted practice in the pipe line business of withdrawing from the common stream quantities of crude petroleum, as needed, for use and consumption as fuel to operate complainant's Diesel engines that furnish power for the pump stations located along its pipe line system. There is no way of identifying the petroleum so withdrawn or of knowing from what shipper or producing field it was originally secured.

Since 1939 complainant has followed the practice of making purchases from producers of crude petroleum sufficient to provide it with a substantial excess inventory to take care of eventualities and catastrophes and to make sure that it has on hand at all times enough crude petroleum to meet its delivery obligations, for the allowable one-half of one per cent deduction, aforesaid, has not been enough to cover the losses of the sort above described and the withdrawals from the common stream from time to time to run the Diesel engines at the various pump stations along the line. Among the producers from whom complainant has made such purchases of crude petroleum since 1939 has been Continental Oil Company, which owns and operates a number of oil leases in Montague County, Texas.

Under the regime of price control pursuant to the Emergency Price Control Act of 1942, 56 Stat. 23, 50 U.S.C.A.Appendix, § 901 et seq., there were two price regulations having a bearing upon the present case — Revised Maximum Price Regulation 436 (9 F.R. 6024), imposing maximum prices, speaking generally, on sales and deliveries of crude petroleum, and Maximum Price Regulation 88 (9 F.R. 7137), imposing maximum prices, again speaking generally, on various crude petroleum products, including fuel oil.

It had developed that in some instances crude petroleum was being purchased and used as fuel, and this presented to the Price Administrator the problem whether such purchases should be priced under RMPR 436 or MPR 88. Without going into the details of the Price Administrator's dealing with this particular problem, it will suffice for present purposes to say that he concluded that it would be preferable to treat crude petroleum sold or ultimately to be used for other than refining purposes in the same manner as fuel oil; that is to say, that MPR 88 should be the governing regulation in such cases. Accordingly, § 2 of RMPR 436 (9 F.R. 6024) made that regulation applicable to "all sales and deliveries of crude petroleum" except "crude petroleum when sold * * to a consumer for a purpose other than the production of more than one petroleum fraction therefrom * * *"; in other words, RMPR 436 was not to be applicable to sales of crude petroleum to a consumer for other than refining purposes. Correspondingly, § 1.1 of MPR 88, as amended by Amendment 11, included within the coverage of that regulation "Crude petroleum when sold * * to a consumer * * * for a purpose other than the production of more than one petroleum fraction therefrom * *" (9 F.R. 7138).

So the matter stood on August 1, 1944, when the oil subsidy program, now to be described, went into effect.

Prior to that date, the authorities in charge of the stabilization program had become concerned with the maximum prices in RMPR 436 as applied to certain marginal high-cost production wells known as stripper wells. It was decided to institute a federal subsidy designed to give to these stripper wells an added price incentive to maintain production, thus avoiding the necessity of making a general crude oil price increase deemed inconsistent with the stabilization program.

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217 F.2d 312, 1954 U.S. App. LEXIS 4250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/service-pipe-line-company-a-corporation-v-reconstruction-finance-eca-1954.