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3,000,000 in excess of the Commission's SGP 61-1 worth levels. It might probably hardly be denied that the Commission's motion will leave producers for quite a lot of years-estimated by the Court of Appeals at as much as 14-without efficient regulation and can result in irreparable injury to the buyer of gasoline. I have considered this report web page by web page-line by line-and براندات have given the Commission's motion my most careful attention. The Examiner had found, opposite to the conclusion of the Court, that the 1956 price of service was not 'significantly higher' than 1954. All that might have been obligatory was to challenge this to the three-12 months period 1957-1959, inclusive. The Commission in determining the requirements to be used had allowed each value merchandise save the allocation on related fuel which might have been simply corrected on the percentages involved. There may be but one conclusion-particularly, that the Commission erred in its dedication of the 1954 cost of service and return; and in dismissing the § 4(e) and § 5(a) proceedings, moderately than concluding the case by figuring out a simply and cheap charge, it acted in an arbitrary and unreasonable manner solely outdoors of the standard concepts of administrative due course of.

There are severe legal questions lurking in the application of the policy and we shouldn't intimate its approval till a definitive case is introduced underneath it. III. THE FALLACY OF THE Statement OF General Policy. But regardless of this declaration I discover that the Court proceeds to debate the Statement and strongly implies a view as to its validity. Furthermore, the Court says that the rates lined by the § 4(e) proceedings dismissed herein 'had been 'locked in,' their validity for the longer term was not at difficulty; the only real question was whether or not all or any part of the will increase needed to be refunded by Phillips.' The actual fact is that the Commission has used this identical 'stale' 1954 worth year which it discarded, including its earnings degree, in figuring out that refunds weren't due for the next 4 years and in dismissing these proceedings. Because the Court says, the validity of the Statement, براندات مول SGP 61-1, and the rates accompanying it's not before the Court. At this very moment Phillips is making gross sales at nonrefundable rates as excessive as 23.5¢ per Mcf. Hence dismissal forecloses any recovery of excess rates for the intervals overlaying those proceedings, i.e., the four-year interval 1954-1958, which the Commission has found nonrefun dable.

It has been two years since this dismissal and there's nothing in sight as but for a closing determination on the Permian Basin space proceeding. The dismissal of the § 5(a) proceeding was likewise unjustified. Continuation of the proceeding would have required a remand however the conclusion of the Court that 'several years may need elapsed' earlier than a dedication of the problem is a bad guess. Meanwhile all areas, including Phillips', have escaped regulation for the years 1954-1963, a complete of nine years. While I do have severe doubts about both the wisdom and the legality of this approach to cost dedication, that is certainly not the case by which to provide them full-costume treatment. The right impact might be a double-tiered therapy -- either a stately shaped cornice board or richly undulating folds of swagged fabric on the crown of the window, flanked with generous expanses of fabric on the sides.

They have no binding impact. The remainder of Phillips' system of accounting had received the approval of the Commission and would have readily revealed its costs. The info of gasoline trade life make it crystal clear that one producer's costs very immeasurably from another's and cannot be leveled off-a minimum of until discovered. It's of course true that the cost-of-service technique just isn't the 'sine qua non of pure gas price regulation.' It is not a lot that the Commission should observe a single methodology but moderately that, in abandoning a historic, presently used and undoubtedly authorized one in the abstract method carried out here, it left the production of gasoline without the required regulation which the Congress has directed. As well as, space pricing should run the hurdle of authorized attack and, to be constitutionally sound, must include a showing that the individual producer at the world price fixed will recuperate his prices; otherwise it would be confiscatory and illegal. The only brakes on spiraling producer costs are the 'guide prices' which the Commission connected to its SGP 61-1. These, fairly than being legally established charges, are nonreviewable guides reflecting the very best certificated fee or weighted price.

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