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EXXON CORP. v. FEDERAL ENERGY OFFICE

July 17, 1974

EXXON CORPORATION, Plaintiff,
v.
FEDERAL ENERGY OFFICE et al., Defendants


Aubrey E. Robinson, Jr., District Judge.


The opinion of the court was delivered by: ROBINSON, JR.

AUBREY E. ROBINSON, JR., District Judge.

This matter came before the Court on plaintiff's motion for a preliminary injunction. The Court having considered the motions, pleadings, affidavits and briefs filed by the plaintiff, the defendants and the interveners, and having heard oral arguments of counsel for all parties, makes the following Findings of Fact and Conclusions of Law:

 FINDINGS OF FACT

 1. Plaintiff Exxon Corporation ("Exxon") is a corporation organized and existing under the laws of the State of New Jersey. Exxon's principal place of business is in New York. Exxon is engaged in the business of producing, refining, and selling crude oil and petroleum products in the United States and various other countries.

 2. Defendant Federal Energy Office ("FEO") was established by Section 1 of Executive Order 11748 and had the responsibility for interpreting, implementing, administering and enforcing the provisions of the Emergency Petroleum Allocation Act of 1973, P.L. 93-159, 87 Stat. 627 ("Petroleum Act").

 3. On June 27, 1974, (39 F.R. 23185), the Federal Energy Administration ("FEA") was established by Executive Order 11790 pursuant to the authority of the Federal Energy Administration Act of 1974, P.L. 93-275, 88 Stat. 96. The FEO was abolished by Section 5 of Executive Order 11790. All powers conferred upon the President by the Petroleum Act were delegated to the Administrator of the FEA by Section 2 of Executive Order 11790.

 4. Defendant John C. Sawhill was the Acting Administrator of the FEO and is presently the Administrator of the FEA. Defendant Sawhill, as Administrator of the FEA, has been delegated all powers and duties conferred upon the President by the Petroleum Act. Defendant Sawhill, furthermore, is vested with all powers conferred by the Federal Energy Administration Act of 1974.

 5. Defendant John W. Weber is the Assistant Administrator of the FEA, formerly of the FEO, for Operations, Regulation and Compliance with administrative responsibility for, among others, the crude oil allocation program administered by the FEA.

 6. Intervener Independent Refiners Association of America ("IRAA") is a non-profit corporation organized and existing under the laws of the District of Columbia. The IRAA is an association of independent petroleum refiners who refine crude oil. The members of IRAA are corporate entities organized, existing and operating in the various States.

 7. Ashland Oil, Inc. ("Ashland") is a refiner of crude oil and as such is an "independent refiner" as that term is defined in Section 3(3) of the Petroleum Act.

 8. Pursuant to the Petroleum Act and the delegations of authority contained in the Executive Orders, the FEA issued regulations to provide for, among others, the allocation of crude oil.

 9. The FEA issued 10 C.F.R. § 211.64(a) (39 F.R. 19332, January 15, 1974), as amended (39 F.R. 3908, January 30, 1974), as revised 10 C.F.R. § 211.63(a) (39 F.R. 17288, May 14, 1974) (herein the "December 1 Regulation"). The December 1 Regulation provides, in pertinent part, that all supplier/purchaser relationships in effect under contracts for sales, purchases, and exchanges of domestic crude oil on December 1, 1973, are to remain in effect for the duration of the mandatory allocation program. The December 1 Regulation applies to all contracts for sales, purchases and exchanges within the whole petroleum industry.

 10. Pursuant to the December 1 Regulation, Exxon is required to sell approximately 130,000 barrels of crude oil per day to other refiners. Under the December 1 Regulation, Exxon is also entitled to receive, through contracts for purchases or exchanges in existence on December 1, 1973, approximately 868,000 barrels of crude oil.

 11. The FEA also issued 10 C.F.R. § 211.65 (39 F.R. 1927, January 15, 1974), as amended (39 F.R. 17288, May 10, 1974) (herein the "Buy/Sell Regulation"). The Buy/Sell Regulation provides for the mandatory allocation of crude oil among refiners ...


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