Tom C. Clark

Name: Atlantic Refining Company v. Public Service Commission of New York — Opinion of the Court
Author: Tom C. Clark

Atlantic Refining Company v. Public Service Commission of New York…

Summary

“Atlantic Refining Company v. Public Service Commission of New York — Opinion of the Court”, is a work by Tom C. Clark. It explores elements such as certificates, gas and Tennessee.

Quotes from Atlantic Refining Company v. Public Service Commission of New York… (Tom C. Clark)

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ The contracts under which the petitioners proposed to sell the gas in the interstate market were all conditioned on the issuance of certificates of public convenience and necessity. A failure by either party to secure such certificates rendered the contracts subject to termination. Certainly the filing of the application for a certificate did not constitute a dedication to the interstate market of the gas recoverable under these leases. Nor is there doubt that the producers were at liberty to refuse conditional certificates proposed by the Commission's second order. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ Neither is there evidence supporting the finding that the producers 'would seek to dispose of their gas elsewhere than to Tennessee Gas and the interstate market,' ibid. While the Commission says that statements were made in argument, apparently by counsel, that this was the case, we find no such testimony. Since some 90% of all commercial gas moves into the interstate market, the sale of such vast quantities as available here would hardly be profitable except interstate. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ The respondents, other than the Public Service Commission of the State of New York, are public utilities in New York and New Jersey. They buy gas from petitioner Tennessee for distribution in those States. They and the New York Commission oppose the issuance of the certificates on the ground that their issuance will increase the price of gas to consumers in those States, of whom there are over a million, using Tennessee's gas. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ There is no evidence supporting what apear to be the crucial findings that (1) 'the public served through the Tennessee Gas system is greatly in need of increased supplies of natural gas,' particularly insofar as this finding implies that this need is immediate and cannot be satisfied from Tennessee's existing reserves, and that (2) there was serious danger that producer petitioners' gas would be permanently lost to the interstate market unless an unconditional certificate were granted on their terms. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ In addition the contracts provide that Tennessee give free carriage from the wells to the shore of all condensate or distillate in the gas for the account of producers who have the option to separate it from the gas at shore stations. We need not discuss the contract provisions more minutely, though respondents do claim that other requirements place a greater burden on Tennessee and in practical effect increase the stated price of the gas to it. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ However, for reasons hereafter developed we hold that the order of the Commission in granting the certificates was in error and we, therefore, affirm the judgment of the Court of Appeals.
The natural gas involved here is of a Miocene sand located below seabed out in the Gulf of Mexico some 15 to 25 miles offshore from Cameron and Vermilion Parishes, Louisiana. The petitioners in No. 518 are each independent natural gas producers. They jointly own oil and gas leases (25% to each company) which they obtained from Louisiana covering large acreages of the Continental Shelf off the Louisiana coast. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ The four companies' joint venture has resulted in the discovery of huge fields of natural gas and they have dedicated some 1.75 trillion cubic feet of gas from 95,000 acres of their leases to the petitioner Tennessee Gas Transmission Company, a natural gas company subject to the jurisdiction of the Commission. ”

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Source: Wikisource

Tom C. Clark, Atlantic Refining Company v. Public Service Commission of New York…

“ Indications are that it is but a puff in comparison to the enormous potentials present under the seabed of the Gulf. The price certificated will in effect become the floor for future contracts in the area. ”

Tom C. Clark

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Quotes from Atlantic Refining Company v. Public Service Commission of New York… (Tom C. Clark)

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