on" in this district for purposes of establishing jurisdiction.
In personam jurisdiction is lacking, respondents argue, because the Court does not have statutory authority to issue process extra-territorially in this case. This simply is not so. The United States Court of Appeals for the District of Columbia Circuit established in Federal Trade Commission v. Browning, 140 U.S. App. D.C. 292, 435 F.2d 96 (D.C.Cir.1970), that a district court does have extra-territorial service of process power in subpoena enforcement activities under section 9 of the FTCA. See also, Federal Election Commission v. Committee to Elect Lyndon La Rouche, 198 U.S. App. D.C. 116, 613 F.2d 849 (D.C.Cir.1979), cert. denied 444 U.S. 1074, 100 S. Ct. 1019, 62 L. Ed. 2d 755 (1980) (interpreting statutory language in Federal Election Commission Act almost identical to that in FTCA section 9). Moreover, the Court has found that extra-territorial jurisdiction exists in court proceedings to enforce DOE subpoenas. Tesoro, supra, at 871. It being settled that the Court has extra-territorial service of process in cases such as this, respondents' argument that this Court lacks in personam jurisdiction, therefore, has no merit. Consequently, as this Court does have subject matter and in personam jurisdiction under section 645 of the DOEOA as it incorporates section 9 of the FTCA, it is unnecessary to consider whether the above-referenced sections of the Economic Stabilization Act and the Federal Energy Administration Act confer enforcement jurisdiction upon this Court.
Petitioner, respondents further contend, has failed to show that the subpoenas were issued for a lawful purpose and that the evidence sought is relevant to that purpose. Respondents argue that the subpoenas are "severely oppressive and violate( ) due process of law" because they lack sufficient particularity to apprise respondents adequately of the nature of the investigation, are unreasonably overreaching in that they require respondents to prepare testimony from "unlimited" volume of records covering an "extended period of time," and are overbroad in that they are "so vague and unclear" as to constitute general warrants. Exhibits C, D to petition (Requests by Hill and Pinkerton to DOE for review of subpoenas). Similar arguments were advanced by the respondent in United States v. Stoltz, supra (Memorandum Opinion at 620), and inasmuch as the subpoena in Stoltz sought testimony with respect to compliance with the same regulations, concerning the same types of transactions, over the same 13-month period, the Court's discussion of such arguments in its opinion in that case applies with equal force to the matters at hand. As the Court ruled in Stoltz, considering the broad latitude given agencies in stating the scope of their investigations, the language in these subpoenas gives fair notice of the subject of investigation, namely, dealings in petroleum products over a determined period of time, which may have violated the mandatory price and allocation regulations. Stoltz, supra, Memorandum Opinion at 620-621. In light of the foregoing, and for the reasons set forth more fully in the Court's opinion in Stoltz, the Court holds that the subpoenas in question here do provide adequate notice, are not unduly burdensome, and are not overbroad.
Petitioner in its prayer for relief asks that the Court enter an order directing respondents to comply with the subpoenas by appearing to testify before DOE officers or employees "at such time or place as may hereafter be fixed by any proper officer or employee of the Department of Energy." Since petitioner originally made its subpoena returnable in Houston, Texas, the subpoena will be enforced in that form. (See, also, Stoltz, supra, Memorandum Opinion at 621.)
In light of the foregoing, it is this 27 day of October, 1981, hereby
ORDERED, that Andrew E. Hill and J.E. Pinkerton comply fully with the subpoenas of May 11, 1981 ordering them to appear and testify to the matters set forth therein, at Houston, Texas, the date, time, and exact location in the Houston area of the taking of such testimony to be fixed by any proper officer or employee of the Department of Energy, and it is
FURTHER ORDERED that Respondents' Motion for Discovery is denied.