GENERAL MOTORS v. FEDERAL ENERGY REGULATORY COM'N

No. 80-1776.

656 F.2d 791 (1981)

GENERAL MOTORS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Associated Natural Gas Company, Lyons Gas Company, Madison Gas and Electric Company, Michigan Power Company, Public Service Commission of Wisconsin, City Gas Company, Wisconsin Fuel and Light Company, Wisconsin Gas Company, Wisconsin Public Service Corporation, Wisconsin Power and Light Company, Wisconsin Natural Gas Company, Michigan Wisconsin Pipe Line Company, Iowa Southern Utilities Company, and North Central Public Service Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Richard P. Noland, Washington, D. C., with whom Robert W. Clark, III, William H. Penniman, Francine E. Schulberg, and Julius Jay Hollis, Washington, D. C., were on the brief, for petitioner. Edward J. Grenier, Jr. and Richard A. Oliver, Washington, D. C., entered appearances for petitioner.

Joel M. Cockrell, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel, and Jerome Nelson, Solicitor, Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent. Kristina Nygaard, Atty., Federal Energy Regulatory Commission, Washington, D. C., entered an appearance for respondent.

William W. Brackett, Washington, D. C., with whom Daniel F. Collins and Terry O. Vogel, Washington, D. C., were on the brief, for intervenor Michigan Wisconsin Pipe Line Co.

Bruce F. Kiely, Washington, D. C., with whom David C. Mebane, Madison, Wis., and Stephen Teichler, Robert A. Nuernberg, and Steven R. Hunsicker, Washington, D. C., were on the brief, for intervenors Wisconsin Gas Co., Madison Gas and Electric Co., City Gas Co., and all Wisconsin gas distributors.

Ned Willis, Perry, Iowa, was on the brief for intervenors Iowa Southern Utilities Co. and North Central Public Service Co.

Steven M. Schur, Madison, Wis., and Philip J. Mause, Norman A. Pedersen, and Lawrence A. Levey, Washington, D. C., were on the brief for intervenor Public Service Commission of Wisconsin.

John J. Cassidy, Chicago, Ill., for intervenor Michigan Power Co.

Richard M. Merriman, Washington, D. C., for intervenors Associated Natural Gas Co. and Lyons Gas Co.

Before WRIGHT, MIKVA and GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

The issue presented in this petition for review is whether the Federal Energy Regulatory Commission (FERC) has offered sufficient justification for failing to hold an evidentiary hearing, upon the request of General Motors Corporation (GM), prior to granting Michigan Wisconsin Pipe Line Company (Michigan Wisconsin) a certificate of public convenience and necessity...

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