panhandle
eastern
pipe
line
public
service
commission
argued
decided
december
appeal
state
indiana
panhandle
eastern
pipe
line
public
service
commission
john
yost
new
york
city
appellant
karl
stipher
indianapolis
appellee
public
service
commission
indiana
william
evans
indianapolis
appellees
indiana
gas
water
et
al
justice
rutledge
delivered
opinion
broadly
question
whether
indiana
power
regulate
sales
natural
gas
made
interstate
carrier
direct
industrial
consumers
indiana
narrowly
asked
decide
whether
commerce
clause
const
art
force
forbids
appellee
public
service
commission
require
appellant
file
tariffs
rules
regulations
annual
reports
steps
comprehensive
plan
regulation
preliminary
possible
exercise
jurisdiction
rates
service
sales
panhandle
eastern
transports
natural
gas
texas
kansas
fields
across
intervening
including
indiana
ohio
michigan
indiana
furnishes
gas
local
public
utility
distributing
companies
municipalities
turn
supply
needs
residential
commercial
industrial
consumers
since
appellant
also
sold
gas
large
amounts
direct
glass
corporation
industrial
consumption
shortly
beginning
service
appellant
informed
number
customers
local
distributing
companies
indiana
intended
render
service
directly
large
industrial
consumers
wherever
possible
pursuant
policy
since
ceedings
began
direct
service
extended
another
big
industrial
user
commission
initiated
hearings
relative
direct
service
panhandle
eastern
indiana
consumers
concluded
distribution
indiana
panhandle
natural
gas
direct
consumers
subject
regulation
commission
laws
state
notwithstanding
alleged
contrary
effect
commerce
clause
upon
appellant
direct
sales
industrial
sers
accordingly
issued
order
november
filing
tariffs
stated
early
panhandle
eastern
brought
suit
state
set
aside
enjoin
enforcement
order
cause
pending
commission
issued
supplemental
order
declining
appellant
offer
submit
specified
tariffs
reports
information
reasserting
full
regulatory
power
conferred
indiana
statutes
trial
vacated
orders
enjoined
commission
enforcing
accepted
appellant
view
effect
commerce
clause
operations
indiana
reversed
judgment
denied
relief
appellant
sought
held
first
commission
orders
amounted
unequivocal
assertion
power
regulate
rates
service
appellant
direct
industrial
sales
thus
presented
squarely
question
commission
jurisdiction
sales
affected
commerce
clause
flatly
hold
sales
interstate
rather
intrastate
commerce
taking
former
kind
held
nevertheless
subject
state
power
regulation
doctrine
cooley
board
wardens
held
appellant
making
sales
public
utility
within
meaning
application
state
regulatory
statutes
burns
ind
acts
decision
review
pursuant
judicial
code
effect
state
statutes
whether
permitting
filing
tariffs
information
unrelated
regulation
requiring
filing
initial
integral
steps
regulatory
scheme
thus
presenting
threshold
scheme
application
question
state
power
go
primarily
question
construction
state
courts
determine
view
commission
position
construed
state
say
thing
presently
involved
state
power
require
filing
information
without
reference
use
controlling
sales
cf
arkansas
louisiana
gas
department
public
utilities
orders
constituted
unequivocal
assertion
power
regulate
rates
service
indeed
involve
something
mere
threat
apply
regulatory
plan
later
phases
represent
actual
application
plan
initial
stage
situation
appellant
required
await
regulatory
order
contesting
commission
jurisdiction
cf
public
utilities
comm
ohio
fuel
gas
mean
express
opinion
concerning
validity
order
commission
may
enter
order
us
mean
required
decide
whether
sales
question
lie
within
scope
state
power
regulate
rates
service
order
respects
may
may
entered
question
sales
interstate
transactions
contrary
suggestion
left
open
state
treatment
rests
upon
view
gas
transported
interstate
takes
character
commodity
come
rest
broken
bulk
leaves
main
transmission
line
reduced
pressure
enters
branch
lines
laterals
irrevocably
way
final
distribution
consumption
merely
mechanical
considerations
longer
effective
ever
exclusively
determine
regulatory
purposes
interstate
intrastate
character
continuous
movement
resulting
sales
thus
gas
furnished
local
utilities
resale
supplied
unquestionably
transportation
sale
interstate
commerce
yet
subjected
practically
identical
changes
pressure
gas
sold
appellant
directly
industrial
use
neither
practical
common
sense
constitutional
sense
tolerate
holding
reduction
pressure
makes
industrial
sales
wholly
intrastate
purposes
local
regulation
deliveries
similar
pressures
utility
companies
remain
exclusively
interstate
variations
main
pressure
criterion
regulatory
powers
commerce
clause
cf
interstate
natural
gas
federal
power
sales
clearly
interstate
commerce
controlling
issues
therefore
two
congress
enacting
natural
gas
act
stat
et
effect
forbidden
regulate
sales
tho
appellant
makes
directly
industrial
consumers
sales
nature
related
cooley
formula
commerce
clause
force
forbids
act
think
doubt
answer
given
questions
namely
competent
regulate
sales
two
questions
may
best
considered
background
legislative
history
natural
gas
act
judicial
history
leading
enactment
prior
time
series
decisions
dealt
various
situations
arising
state
efforts
regulate
sale
imported
natural
gas
story
adequately
stop
review
attempt
reconciliation
decisions
groundings
suffice
say
delineated
broadly
area
permissible
state
control
intrude
former
included
interstate
direct
sales
local
consumers
exemplified
pennsylvania
gas
public
service
latter
service
interstate
local
distributing
companies
resale
held
state
missouri
kansas
natural
gas
reinforced
public
utilities
comm
rhode
island
attleboro
steam
electric
shortly
decisions
stood
regulate
sales
direct
consumers
even
though
made
interstate
line
carrier
true
sales
domestic
commercial
uses
also
industrial
consumption
rate
whenever
interstate
carrier
engaged
distribution
uses
hand
sales
resale
usually
local
distributing
companies
beyond
reach
state
power
regardless
character
ultimate
use
fact
prevented
regulating
sales
also
seriously
handicapped
making
effective
regulation
sales
within
authority
impotence
act
relation
sales
resale
interstate
carriers
brought
demand
federal
regulation
congress
response
natural
gas
act
reach
sales
prevent
hiatus
regulation
immunity
caused
act
declared
provisions
chapter
shall
apply
transportation
natural
gas
interstate
commerce
sale
interstate
commerce
natural
gas
resale
ultimate
public
consumption
domestic
commercial
industrial
use
companies
engaged
transportation
sale
shall
apply
transportation
sale
natural
gas
local
distribution
natural
gas
facilities
used
distribution
production
gathering
natural
gas
section
determines
act
coverage
light
situation
existing
time
three
things
three
congress
drew
within
regulatory
power
delegated
act
agent
federal
power
commission
transportation
natural
gas
interstate
commerce
sale
interstate
commerce
resale
natural
gas
companies
engaged
transportation
sale
omission
reference
sales
direct
sales
consumptive
use
affirmative
declaration
coverage
inadvertent
deliberate
congress
made
sure
intent
mistaken
adding
explicit
prohibition
act
apply
sale
emphasis
added
words
plainly
mean
act
shall
apply
sales
sales
resale
ultimate
public
consumption
domestic
mercial
industrial
use
direct
sales
consumptive
use
whatever
sort
excluded
line
statute
thus
clear
complete
cut
sharply
cleanly
sales
resale
direct
sales
consumptive
uses
exceptions
made
either
category
particular
uses
quantities
otherwise
line
drawn
one
decisions
arrived
distributing
regulatory
power
act
passed
moreover
unusual
legislative
precision
employed
view
relieving
exempting
segment
industry
regulation
act
though
extending
federal
regulation
purpose
effect
cut
state
power
contrary
perhaps
primary
purpose
aid
making
state
regulation
effective
adding
weight
federal
regulation
supplement
reinforce
gap
created
prior
decisions
act
drawn
meticulous
gard
continued
exercise
state
power
handicap
dilute
way
appears
merely
situation
led
adoption
legislative
history
including
committee
reports
congress
cited
plainly
history
respect
changes
took
place
reaching
final
form
exceedingly
incongruous
result
statute
motivated
designed
shaped
bring
effective
regulation
particularly
effective
state
regulation
construed
teeth
objects
import
wording
well
cut
regulatory
power
manner
making
less
capable
regulation
statute
adoption
yet
effect
appellant
asks
us
essence
position
apart
standing
directly
commerce
clause
congress
enacting
natural
gas
act
field
entire
field
open
federal
regulation
thus
relieved
direct
industrial
sales
subordination
state
control
exact
opposite
fact
congress
true
occupied
field
meticulous
take
territory
held
reach
area
include
direct
consumer
sales
whether
industrial
uses
sales
regulated
regulation
repeatedly
sustained
instance
reaching
stricken
true
case
came
involving
state
regulation
direct
industrial
sales
wholly
apart
sales
uses
cases
sustaining
state
power
whether
regulate
tax
company
making
industrial
sales
selling
also
domestic
commercial
users
suggestion
certainly
decision
different
result
follow
direct
industrial
sales
made
neither
prior
judicial
line
statutory
line
drawn
kinds
use
relation
sales
different
uses
lines
drawn
sales
use
whatever
kind
sales
resale
cf
colorado
interstate
gas
federal
power
natural
gas
act
created
articulate
legislative
program
based
clear
recognition
respective
responsibilities
federal
state
regulatory
agencies
contemplate
ineffective
regulation
either
level
emphasized
repeatedly
congress
meant
create
comprehensive
effective
regulatory
scheme
complementary
operation
manner
usurping
authority
public
utilities
comm
ohio
fuel
gas
federal
power
comm
hope
natural
gas
interstate
natural
gas
federal
power
pointed
federal
power
comm
hope
natural
gas
supra
page
page
primary
aim
legislation
protect
consumers
exploitation
hands
natural
gas
companies
scheme
one
federal
state
agencies
accomplish
neither
protective
aim
comprehensive
effective
dual
regulation
congress
mind
companies
divert
cream
heir
business
unregulated
industrial
uses
natural
gas
act
therefore
merely
ineffective
exclude
sales
question
state
control
rather
policy
terms
confirm
control
congress
involved
declaration
though
identical
terms
one
made
mccarran
act
stat
et
concerning
continued
state
regulation
insurance
business
effect
equally
clear
view
act
historical
setting
legislative
history
objects
show
intention
continue
regulation
congress
expressly
taken
cf
prudential
ins
benjamin
congress
undoubted
power
define
distribution
power
interstate
commerce
southern
pacific
state
arizona
authorities
cited
cf
prudential
ins
benjamin
supra
power
exercised
manner
wholly
inconsistent
exclusion
state
authority
sales
question
congress
action
moreover
unequivocal
recognition
vital
interests
people
consumers
industry
alike
regulation
rates
service
indiana
interest
appellant
direct
sales
obvious
interest
certainly
less
interest
california
people
protection
evil
effects
wholly
unregulated
sale
insurance
interstate
robertson
people
state
california
industrial
consumers
instances
go
without
protection
rates
service
supplied
competition
state
regulatory
system
crippled
efforts
indiana
commission
seriously
hampered
protecting
interests
classes
users
equally
important
vital
local
interests
becoming
important
every
passing
year
steady
transition
use
primitive
fuels
natural
gas
fuel
oils
appellant
seeks
set
interest
complete
freedom
regulation
imposed
supposed
national
interest
uniform
regulation
national
interest
considered
apart
largely
illusory
record
company
asserts
state
regulation
prices
service
amount
power
blocking
commerce
impeding
free
flow
two
answers
one
experience
insofar
phase
natural
gas
industry
subjected
state
regulation
date
effects
shown
occur
answer
case
experience
vary
power
congress
correct
abuses
regulation
appear
state
power
regulate
interstate
commerce
wherever
exists
power
destroy
unless
congress
expressly
provided
power
require
done
terms
reasonably
related
necessity
protecting
local
interests
power
rests
appellant
also
envisages
conflicting
regulations
commissions
various
main
pipe
line
serves
particularly
relation
curtailment
service
weather
conditions
others
require
fears
conflict
also
state
commissions
federal
power
commission
assigns
possibilities
support
view
national
uniform
regulation
alone
appropriate
operations
evidence
thus
far
substantial
conflict
either
see
probability
serious
conflict
strong
outweigh
vital
local
interests
referred
requiring
regulation
moreover
conflict
develop
matter
interrupting
service
one
largely
related
appellees
say
transportation
thus
within
jurisdiction
federal
power
commission
control
accommodation
conflicting
interests
among
various
considerations
lead
conclusion
made
powerless
regulate
sales
question
supposed
necessity
uniform
national
regulation
contrary
matter
high
local
import
justify
control
even
congress
remained
wholly
silent
given
indication
intent
state
regulation
effective
case
addition
considerations
taken
independently
policy
think
congress
clearly
delineated
permitting
supporting
state
regulation
removes
necessity
determining
effect
commerce
clause
independently
action
congress
taken
operative
silence
attractive
gap
appellant
envisioned
co
rdinate
schemes
regulation
mirage
judgment
indiana
affirmed
affirmed
justice
jackson
concurs
result
justice
murphy
took
part
consideration
decision
case
footnotes
commission
authorized
take
steps
indiana
statutes
creating
state
regulatory
scheme
public
utilities
burns
et
seq
appellant
sales
far
larger
sales
made
several
local
distributing
companies
thus
appellant
sold
cubic
feet
cubic
feet
local
utility
served
branch
line
see
note
infra
chairman
appellant
board
stated
anxious
take
business
unregulated
transaction
federal
power
commission
public
service
commission
indiana
intended
establish
higher
industrial
rates
based
competitive
fuel
basis
prior
hearings
commission
appellant
entered
arrangements
provide
direct
industrial
service
dupont
de
nemours
company
plant
near
fortville
indiana
service
commenced
subsequent
hearings
trial
commission
urged
still
first
order
merely
required
filing
information
action
lie
contest
power
fix
rates
otherwise
regulate
sales
power
exercised
resulted
bringing
forth
appellant
tender
compliance
conditioned
upon
commission
acceptance
filing
without
prejudice
appellant
right
contest
validity
subsequent
order
supplemental
order
expressly
stated
filing
deemed
purpose
available
use
commission
carrying
duties
statute
several
local
utility
companies
intervenors
proceedings
commission
permitted
intervene
test
orders
appellees
national
association
railroad
utilities
commissioners
filed
brief
amicus
curiae
support
commission
position
illinois
natural
gas
central
illinois
public
service
referred
earlier
decisions
turned
mechanical
test
determining
interstate
commerce
ends
intrastate
commerce
begins
namely
introduction
gas
service
pipes
distributor
stated
cases
determining
validity
state
regulations
less
concerned
find
point
time
space
interstate
commerce
gas
ends
intrastate
commerce
begins
looked
nature
state
regulation
involved
objective
state
effect
regulation
upon
national
interest
commerce
cf
south
carolina
highway
dept
barnwell
et
california
thompson
duckworth
arkansas
page
page
appellant
gas
enters
indiana
main
pressure
pounds
per
square
inch
state
gas
enters
branch
line
pressure
pounds
per
square
inch
lateral
line
pressure
pounds
per
square
inch
lateral
line
gas
transported
two
adjacent
meter
houses
one
house
gas
delivered
pressures
low
pounds
per
square
inch
deliveries
made
local
distributing
company
pressures
ranging
pounds
per
square
inch
similarly
gas
laterals
stemming
appellant
main
line
reduced
pressure
pounds
per
square
inch
furnished
dupont
plant
pressures
approximately
pounds
per
square
inch
two
utility
companies
served
lateral
dupont
plant
summary
leading
decisions
concerning
sale
transportation
gas
prior
passage
natural
gas
act
see
illinois
natural
gas
central
illinois
public
service
see
also
powell
note
physics
lawcommerce
gas
electricity
howard
gas
electricity
interstate
commerce
appellant
contends
large
quantity
service
direct
industrial
consumers
exemplified
sales
hocking
distinquished
sales
pennsylvania
gas
public
service
made
manner
commonly
associated
local
distribution
system
supplying
gas
consumers
city
nothing
decision
however
requires
limited
contrary
emphasis
may
rather
placed
fact
situations
involve
sales
ultimate
consumers
clearly
category
residences
served
company
pennsylvania
gas
case
see
illinois
natural
gas
oentral
illinois
public
service
chief
justice
stone
summarizing
pennsylvania
gas
case
stated
involved
gas
directly
ultimate
local
consumers
jersey
central
power
light
federal
power
dissenting
opinion
powell
note
quoted
infra
note
attleboro
decision
made
face
rhode
island
commission
finding
narragansett
company
selling
electric
current
interstate
attleboro
company
suffering
operating
loss
rates
customers
yielded
fair
return
commission
contentions
grounded
finding
effectively
regulate
rates
narragansett
company
local
consumers
without
also
regulating
rates
attleboro
company
compare
memorandum
submitted
behalf
national
association
railroad
utility
commissioners
general
solicitor
john
benton
hearings
committee
interstate
foreign
commerce
sess
industrial
use
exempt
regulation
result
may
well
unjustifiable
discrimination
result
commission
complaint
may
made
sales
industrial
uses
plainly
subject
regulation
commission
regulates
sales
classes
consumers
reasonable
rates
several
classes
service
properly
related
may
established
beginning
allowed
state
tax
fix
price
first
sale
delivery
gas
electricity
brought
sister
state
first
sale
also
necessarily
last
sale
consummated
consumption
powell
note
committee
interstate
foreign
commerce
said
proposed
bill
became
natural
gas
act
confers
jurisdiction
upon
federal
power
commission
transportation
natural
gas
interstate
commerce
sale
interstate
commerce
natural
gas
resale
ultimate
public
consumption
domestic
commercial
industrial
use
course
many
years
regulated
sales
natural
gas
consumers
intrastate
transactions
also
able
regulate
sales
consumers
even
though
sales
interstate
commerce
sales
considered
local
character
absence
congressional
prohibition
subject
state
regulation
see
pennsylvania
gas
public
service
commission
intention
enacting
present
legislation
disturb
exercise
jurisdiction
however
case
sales
resale
wholesale
sales
interstate
commerce
example
sales
producing
companies
distributing
companies
legal
situation
different
transactions
considered
local
character
even
absence
congressional
action
subject
state
regulation
see
state
missouri
kansas
natural
gas
public
service
commission
rhode
island
attleboro
steam
electric
basic
purpose
present
legislation
occupy
field
held
may
act
see
also
sess
hearings
bill
congress
representative
several
large
companies
construed
stood
exempt
sales
industrial
consumers
regulation
state
well
federal
proposed
amendment
exempting
sales
resale
industrial
use
regulation
proposed
legislation
hearings
committee
interstate
foreign
commerce
sess
answering
memorandum
benton
pointed
representative
misunderstanding
purposes
stating
industrial
user
much
local
service
sale
householder
domestic
use
congress
occupies
field
sale
industrial
use
accordingly
subject
state
regulation
id
proposed
alternative
amendment
render
clear
beyond
doubt
federal
regulation
sales
resale
extended
transactions
gas
used
industrial
purposes
id
benton
amendment
adopted
house
committee
appears
substantially
unaltered
form
natural
gas
act
finally
enacted
committee
emphasized
benton
representatives
state
commissions
municipalities
appeared
support
bill
support
position
appellant
relies
part
favorably
reporting
amending
natural
gas
act
bill
become
law
views
expressed
committee
report
made
nine
years
natural
gas
act
passage
hardly
determinative
juxtaposition
contemporaneous
history
persuasive
congressional
intent
passing
act
see
notes
supra
ibid
pennsylvania
gas
public
service
appears
case
flatly
ruling
point
regulatory
purposes
authority
clearly
recognized
illinois
natural
gas
central
illinois
public
service
cf
note
supra
state
missouri
kansas
natural
gas
public
utilities
comm
rhode
island
attleboro
steam
electric
cases
well
congressional
report
quoted
note
jurisdiction
granted
federal
power
commission
natural
gas
act
necessitates
close
correlation
state
regulatory
bodies
section
act
provides
cooperation
federal
state
agencies
see
note
text
per
cent
gross
revenues
local
indiana
utilities
sale
gas
derived
service
approximately
industrial
consumers
served
service
substantial
number
industrial
users
taken
appellant
local
utilities
suffer
great
losses
revenue
unable
dispense
trivial
percentage
plant
properties
resultant
increase
unit
cost
gas
lead
necessarily
increased
rates
consumers
served
local
companies
per
cent
gross
revenues
local
indiana
utilities
sale
gas
derived
service
approximately
industrial
users
taken
appellant
local
utilities
suffer
great
losses
revenue
unable
dispense
trivial
percentage
plant
properties
resultant
increase
unit
cost
gas
lead
necessarily
increased
rates
consumers
served
local
companies
service
physical
conditions
characterizing
industry
magnitude
investment
required
acquires
large
monopolistic
effects
particularly
marketing
areas
distant
producing
ones
cf
federal
power
comm
hope
natural
gas
note
text
often
competition
fuels
rather
competing
pipe
lines
see
note
cf
milk
control
board
commonwealth
pennsylvania
eisenberg
farm
products
robertson
people
state
california
ind
strial
gas
public
utilities
comm
ohio
ohio
service
gas
kentucky
whip
collar
illinois
cent
clark
distilling
western
maryland
ann
darby
evidence
conflict
asserted
exercise
jurisdiction
appellee
commission
functions
federal
power
commission
granting
appellant
permission
natural
gas
act
extend
facilities
serve
dupont
plant
see
note
supra
federal
power
commission
specifically
provided
order
prejudice
authority
indiana
commission
exercise
jurisdiction
may
sale
service
proposed
rendered
panhandle
eastern
du
pont
cf
note
see
note