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ATLANTIC RICHFIELD CO. v. U.S. DEPT. OF ENERGY

Civ. A. No. 91-465.

772 F.Supp. 654 (1991)

ATLANTIC RICHFIELD COMPANY, Plaintiff, v. UNITED STATES DEPARTMENT OF ENERGY, et al., Defendants, and Don Van Vranken on behalf of himself and all others similarly situated, and Sinclair Oil Corporation, Intervenors-Defendants.

United States District Court, District of Columbia.

August 20, 1991.

Attorney(s) appearing for the Case

David L. Roll, Samuel T. Perkins, Alfred M. Mamlet, Steptoe and Johnson, Washington, D.C., Richard C. Morse, Los Angeles, Cal., for Atlantic Richfield Co.

Jay B. Stephens, U.S. Atty., Don W. Crockett, Richard F. Ahern, Thomas W. Sacco, U.S. Dept. of Energy, Washington, D.C., for U.S. Dept. of Energy.

Josef D. Cooper, San Francisco, Cal., Tracy R. Kirkham, Hennigan & Mercer, Los Angeles, Cal., William C. Barnard, Sommer & Barnard, P.C., Indianapolis, Ind., for intervenor-defendant Don Van Vranken.

Melvin Goldstein, Goldstein & Claxton, Washington, D.C., Richard W. Giaque, Giaque, Crockett & Bendinger, Salt Lake City, Utah, for intervenor-defendant Sinclair Oil Corp.

MEMORANDUM OPINION

FLANNERY, District Judge.

Plaintiff Atlantic Richfield Company ("ARCO") brings this action to set aside a ruling by the Office of Hearings and Appeals ("OHA") of the United States Department of Energy ("DOE"). ARCO's summary judgment motion is opposed by the government defendants and by intervenor-defendants the Van Vranken class and Sinclair Oil Corporation. As discussed below, the Court will uphold the decision of the OHA and deny ARCO...

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