Atlantic Refining Co. v. Public Service Commission of New York

Summary

The Court affirmed the judgment setting aside the Federal Power Commission's unconditional certificates and directed further proceedings before the Commission. Justice Clark's opinion held that the producers' refusal to accept a lower initial price did not deprive the Commission of jurisdiction. Although certification does not require a full just-and-reasonable-rate hearing, the Commission must scrutinize initial prices, consider all public-interest factors, and protect consumers through appropriate certificate conditions. The record did not support the certificates issued here. Justice Harlan, joined by Justice Frankfurter, concurred solely because the findings concerning urgent supply needs and the threatened loss of gas to interstate commerce lacked evidentiary support; he considered the remaining questions unnecessary to decide.