The opinion of the court was delivered by: LACEY
This court has jurisdiction of this action under § 5(a)(1) of the Emergency Petroleum Allocation Act, P.L. 93-159, 87 Stat. 627 (November 27, 1973), as extended, P.L. 93-511, 88 Stat. 1602 (December 5, 1974), which makes §§ 205-211 of the Economic Stabilization Act of 1970, as amended, P.L. 92-210, 85 Stat. 743, applicable to a regulation promulgated under § 4(a) of the EPAA.
Plaintiff, Exxon Corporation, is a major, integrated oil company which produces, transports, refines and sells crude oil and petroleum products in the United States and abroad. Defendant, Federal Energy Administration [hereinafter FEA], is an agency and instrumentality of the United States created by the Federal Energy Administration Act of 1974, 15 U.S.C. §§ 761 et seq. and established by Executive Order No. 11,790 (June 27, 1974). The FEA is charged with the responsibility of administering programs established pursuant to the Emergency Petroleum Allocation Act of 1973 [hereinafter EPAA], as amended, 15 U.S.C. §§ 751 et seq. Frank G. Zarb is Administrator of the FEA.
Defendant-Intervenor, Ashland Oil Company, Inc., is an "independent refiner" as that term is defined in § 3(3) of the EPAA and the regulations issued thereunder.
The EPAA went into effect on November 27, 1973. Section 4(a) of the Act required the President to
promulgate a regulation providing for the mandatory allocation of crude oil, residual fuel oil, and each refined petroleum product, in amounts specified in (or determined in a manner prescribed by) and at prices specified in (or determined in a manner prescribed by) such regulation.
Those regulations were to implement "to the maximum extent practicable," the objectives set forth in § 4(b) of the Act. Section 4(b)(1) provides that:
The regulation under subsection (a) of this section, to the maximum extent practicable, shall provide for --
(D) preservation of an economically sound and competitive petroleum industry; including the priority needs to restore and foster competition in the producing, refining, distribution, marketing, and petrochemical sectors of such industry, and to preserve the competitive viability of independent refiners, small refiners, nonbranded independent marketers, and branded independent marketers;
(F) equitable distribution of crude oil, residual fuel oil, and refined petroleum products at equitable prices among all regions and areas of the United States and sectors of the petroleum industry, including independent refiners, small refiners, nonbranded ...