[Federal Register Volume 60, Number 39 (Tuesday, February 28, 1995)]
[Notices]
[Page 10860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4861]
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FEDERAL TRADE COMMISSION
[Dkt. C-2456]
Amerada Hess Corporation, et al.; Prohibited Trade Practices and
Affirmative Corrective Actions
AGENCY: Federal Trade Commission.
ACTION: Set Aside Order.
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SUMMARY: This order reopens a 1973 consent order--which required that
the Clarco Pipe Line be divested and prohibited Amerada, VGS
Corporation and Clarco Pipe Line Company from acquiring assets related
to the transportation or refining of crude oil produced in either
Mississippi or Alabama without prior Commission approval--and sets
aside the consent order pursuant to the Commission's Sunset Policy
Statement, under which the Commission presumes that the public interest
require setting aside competition orders in effect for more than 30
years.
DATES: Consent order issued September 18, 1973. Set aside order issued
January 3, 1995.
FOR FURTHER INFORMATION CONTACT: Daniel Ducore, FTC/S-2115, Washington,
D.C. 20580. (202) 326-2526.
SUPPLEMENTARY INFORMATION: In the Matter of Amerada Hess Corporation,
et al. The prohibited trade practices and/or corrective actions are
removed as indicated.
(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret or apply sec. 5, 38
Stat. 719, as amended; sec. 7, 38 Stat. 731, as amended; 15 U.S.C.
45, 18)
Order Reopening Proceeding and Setting Aside Order
Commissioners: Janet D. Steiger, Chairman, Mary L. Azcuenaga,
Roscoe B. Starek, III, Christine A. Varney.
On September 12, 1994, Amerada Hess Corporation (``Amerada Hess'')
filed a Request to Reopen and Vacate Order (``Request'') in this
matter.\1\ Amerada Hess requests that the Commission set aside the 1978
consent order in this matter, pursuant to Rule 2.51 of the Commission's
Rules of Practice, 16 CFR 2.51, and the Commission's July 22, 1994,
Statement of Policy with Respect to Duration of Competition Orders and
Statement of Intention to Solicit Public Comment with Respect to
Duration of Consumer Protection Orders (``Sunset Policy
Statement'').\2\
\1\See Amerada Hess Corp., 83 F.T.C. 487 (1973).
\2\The Sunset Policy Statement is published at 59 FR 45,286
(Sept. 1, 1994).
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Leon Hess, also a respondent in this matter, joined in Amerada
Hess's Request, by letter dated September 21, 1994. Southland Oil
Company, successor to respondent VGS Corporation, filed a Statement in
Support of Request to Reopen and Vacate Order on October 21, 1994. In
addition, on October 20, 1994, Hunt Refining Company, the purchaser of
assets from respondent Clarco Pipe Line Company, filed a petition
requesting, among other things, that the Commission reopen the
proceeding and vacate the order as to Hunt (``Petition''). Amerada
Hess's Request, Hunt's Petition and the information supplied by Leon
Hess and Southland Oil Company were placed on the public record
pursuant to Section 2.51 of the Commission's Rules of Practice and
Procedure, 16 CFR 2.51.\3\ No comments were received.
\3\The fifth respondent named in the order died in 1989.
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The Commission in its July 22, 1994, Sunset Policy Statement said,
in relevant part, that ``effective immediately, the Commission will
presume, in the context of petitions to reopen and modify existing
orders, that the public interest requires setting aside orders in
effect for more than twenty years.''\4\
\4\Sunset Policy Statement, 59 FR at 45,289.
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The Commission's order in Docket No. C-2456 was issued on September
18, 1973, and has been in effect for more than twenty-one years.
Consistent with the Commission's July 22, 1994, Sunset Policy
Statement, the presumption is that the order should be terminated.
Nothing to overcome the presumption having been presented, the
Commission has determined to reopen the proceeding and set aside the
order in Docket No. C-2456.
Accordingly, it is ordered that this matter be, and it hereby is,
reopened;
It is further ordered that the Commission's order in Docket No. C-
2456 be, and it hereby is, set aside, as of the effective date of this
order.
By the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 95-4861 Filed 2-27-95; 8:45 am]
BILLING CODE 6750-01-M
