John Marshall Harlan II

“ Section 4 (c) requires every natural gas company initially to file with the Commission its rates for any 'sale subject to the jurisdiction of the Commission, * * * together with all contracts which in any manner affect or relate to such rates * * *.' Section 4 (d) provides for the giving of notice of any change 'in any such rate * * * or contract relating thereto * * *' by finding new rate schedules with the Commission and keeping them open for public inspection. [5] And § 4 (e) authorizes Commission review of the lawfulness of any such changed rate. ”

“ No more is necessary to give full meaning to all the provisions of the Act: consistent with this, § 4 (d) means simply that no change-neither a unilateral change to an ex parte rate nor an agreed-upon change to a contract-can be made by a natural gas company without the proper notice to the Commission. * * *'
The Court of Appeals therefore erred in reading Mobile as limiting the procedures prescribed by § 4 (d) and (e) to instances where the parties by mutual agreement had 'reformed' a rate contract. ”

“ The record before us affirmatively shows that United in the filings here at issue has complied with all the duties which these sections in terms impose upon it, and there is nothing in these sections which even remotely implies that § 4 (d) and (e) procedures are applicable to the filing and review of only those rate changes whose amount has been agreed upon by the seller and buyer. ”

“ Pacific Gas & Electric Co., D.C.N.D.Cal.1925, 6 F.2d 633, appeal dismissed 271 U.S. 691, 46 S.Ct. 487, 70 L.Ed. 1154, and (3) the 'industrial' rates of United have consistently been below its other rates, the force of respondents' contention is wholly destroyed by the fact that it appears that the buyer-signatories to the agreements are entitled by contract with their customers to pass on any rate increases effected by United. ”

“ Respondent Memphis Light, Gas and Water Division, an agency of the City of Memphis engaged in the distribution of natural gas, purchases gas from Texas Gas, and has no direct contract relations with United. However, it is obligated to reimburse Texas Gas for any increase in the latter's cost of gas acquired from United.↑ Originally there were seven such agreements, of which five contained the provision quoted in the text. ”