NORTHERN NATURAL GAS CO. v. FEDERAL POWER COM'N

No. 21333.

399 F.2d 953 (1968)

NORTHERN NATURAL GAS COMPANY and Northern Natural Gas Transportation Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Union Gas Company of Canada, Limited, et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1968.


Attorney(s) appearing for the Case

Messrs. Charles A. Case, Jr., Washington, D. C., and George C. Kern, Jr., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, New York City, with whom Messrs. Justin R. Wolf, David B. Ward, Washington, D. C., and F. Vinson Roach, Omaha, Neb., were on the brief, for petitioners.

Mr. William H. Arkin, Atty., Federal Power Commission, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Richard A. Solomon, Gen. Counsel, Peter H. Schiff, Sol., and Joseph J. Klovekorn, Atty., Federal Power Commission, were on the brief, for respondent.

Mr. Charles V. Shannon, Washington, D. C., with whom Mr. Louis Flax, Washington, D. C., was on the brief for intervenors Michigan Wisconsin Pipe Line Co. and Michigan Consolidated Gas Co., argued for all intervenors.

Messrs. Bradford Ross and James D. McKinney, Jr., Washington, D. C., were on the brief for intervenors Great Lakes Gas Transmission Co. and Trans-Canada Pipe Lines Limited.

Mr. Jerome Maslowski, Lansing, Mich., was on the brief for intervenor Michigan Public Service Commission.

Mr. William E. Torkelson, Madison, Wis., was on the brief for intervenor Public Service Commission of Wisconsin.

Mr. David R. Kaplan, Detroit, Mich., was on the brief for intervenor County of Wayne, Michigan.

Messrs. Robert H. Gorske, Milwaukee, Wis., and George P. Lamb, Washington, D. C., were on the brief for intervenors Wisconsin Natural Gas Co. and Wisconsin Michigan Power Co.

Mr. Seymour Tabin, Chicago, Ill., was on the brief for intervenor Wisconsin Public Service Corp.

Messrs. W. C. Braden, Jr., Houston, Tex., Jack Werner and Dale A. Wright, Washington, D. C., were on the brief for intervenor Midwestern Gas Transmission Co.

Messrs. William J. Grove and Philip R. Ehrenkranz, Washington, D. C., were on the brief for intervenor The Consumers' Gas Co.

Mr. Jerome Ackerman, Washington, D. C., was on the brief for intervenors Northern and Central Gas Co. Limited and Union Gas Co. of Canada, Limited.

Mr. George P. Lamb, Washington, D. C., was on the brief for intervenor Wisconsin Fuel & Light Co.

Mr. Vernon A. Swanson, Milwaukee, Wis., was on the brief for intervenor Wisconsin Gas Co.

Messrs. William J. Lebuhn and Raymond N. Shibley, Washington, D. C., entered appearances for intervenor Panhandle Eastern Pipe Line Co.

Mr. George P. Lamb, Washington, D. C., entered an appearance for intervenor Madison Gas and Electric Co.

Mr. Jerome D. Truhn, Bloomington, Minn., entered an appearance for intervenor State of Minnesota.

Before BASTIAN, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.


WRIGHT, Circuit Judge:

This is a petition by Northern Natural Gas Company (Northern) and its subsidiary, Northern Natural Gas Transportation Company (Northern Transportation), to review an order of the Federal Power Commission. The challenged order, issued June 20, 1967, authorized the Great Lakes Gas Transmission Company, a Delaware corporation owned jointly by Trans-Canada Pipe Lines Limited and American Natural Gas Company, to construct and operate a 989-mile,...

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