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EXXON CORP. v. DEPARTMENT OF ENERGY

Civ. A. Nos. 81-25 MMS, 81-99 MMS.

601 F.Supp. 1395 (1985)

EXXON CORPORATION, Cities Service Company, Conoco, Inc., Marathon Petroleum Company, Sun Oil Company of Pennsylvania, the Standard Oil Company (Ohio), Tosco Corporation, Plaintiffs, v. DEPARTMENT OF ENERGY, Donald P. Hodel, Secretary of Department of Energy, Rayburn Hanzlik, Administrator, Economic Regulatory Administration, Department of Energy, George B. Breznay, Director Office of Hearings and Appeals, Department of Energy, Defendants, The 341 Tract Unit of the Citronelle Field, Intervenor-Defendant. TEXACO, INC., Atlantic Richfield Co., Chevron U.S.A., Inc., Plaintiffs, v. DEPARTMENT OF ENERGY, Donald P. Hodel, Secretary of Department of Energy, Rayburn Hanzlik, Administrator, Economic Regulatory Administration, Department of Energy, Richard T. Tedrow, Acting Director of Hearings and Appeals, Department of Energy, Defendants, The 341 Tract Unit of the Citronelle Field, Intervenor-Defendant.

United States District Court, D. Delaware.

January 31, 1985.

Attorney(s) appearing for the Case

Thomas Herlihy, III, Herlihy, Herlihy & Harker, Wilmington, Del. (Donald B. Craven, Jay L. Carlson, and Craig D. Miller, Miller & Chevalier, Washington, D.C., of counsel), for plaintiffs in Civ. A. No. 81-25 MMS.

William T. Allen, Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (Dudley A. Zinke, Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel), for plaintiffs in Civ. A. No. 81-99.

Joseph J. Farnan, Jr., U.S. Atty., and Sue L. Robinson, Asst. U.S. Atty., Dept. of Justice, Wilmington, Del., Thomas H. Kemp, and Kathrine L. Henry, U.S. Dept. of Energy, Washington, D.C., for defendants.

Arthur G. Connolly, Jr., Connolly, Bove, Lodge & Hutz, Wilmington, Del. (Williams S. D'Amico, J. Peter Luedtke, Carl A. Cira, Jr., and Marilyn Perry Jacobsen, D'Amico, Luedtke, Demarest & Golden, Washington, D.C., of counsel), for intervenor-defendant.

OPINION

MURRAY M. SCHWARTZ, District Judge.

These actions were brought by several major oil companies to set aside a decision by the Department of Energy ("DOE") awarding $63.8 million in exception relief to the 341 Tract Unit of the Citronelle Field ("Citronelle" or "the Unit"), an oil producer. The award of relief was designed to alleviate the inequity of Citronelle's being denied the benefits of a DOE regulatory program and to induce Citronelle to initiate...

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