Union Oil Company of California v. Federal Power Commission

These are petitions for review of Orders Nos. 526 and 526-A of the Federal Power Commission which would require all large natural gas producers to submit, on a new form, Form 40, detailed information about their natural gas reserves. Petitioners are producers of natural gas and other petroleum products who would be required to file Form 40 annually, and they challenge the validity of these orders, on the grounds that (1) the Natural Gas Act does not provide authority for the • collection of intrastate reserve data; and (2) the Commission acted arbitrarily and capriciously in making the orders. The producers also claim that the Commission’s stated policy with respect to the confidentiality of data submitted on Form 40 does not adequately protect their proprietary interest in that data. While we reject the producers’ first contention, we are not able to determine from the record now before us that the factual findings of the Commission are supported by evidence. In addition, we find the Commission’s rule as to the public status of information to be submitted on Form 40 to be arbitrary and capricious. Consequently, we set the orders aside and remand the cases to the Commission for…