TENNESSEE GAS PIPELINE CO. v. FEDERAL POWER COM'N

No. 72-1945.

504 F.2d 199 (1974)

TENNESSEE GAS PIPELINE COMPANY, a Division of Tenneco, Inc., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Columbia Gas Transmission Corporation et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 1974.


Attorney(s) appearing for the Case

Dale A. Wright, Washington, D. C., for petitioner.

Charles E. Bullock, Atty., Federal Power Commission, for respondent. Leo E. Forquer, Gen. Counsel, Federal Power Commission, George W. McHenry, Jr., Sol. and Joan E. Heimbigner, Atty., Federal Power Commission, were on the brief, for respondent.

Peter H. Schiff, Albany, N. Y., entered an appearance for intervenor, The Public Service Commission of the State of New York.

Daniel L. Bell, Jr., Charleston, W. Va., entered an appearance for intervenor Columbia Gas Transmission Corp.

Barbara M. Gunther, Brooklyn, N. Y., entered an appearance for intervenor, The Brooklyn Union Gas Co.

John E. Holtzinger, Jr., Washington, D. C., entered an appearance for intervenor, Consolidated Gas Supply Corp.

John W. Glendening, Jr., New York City, N. Y., entered an appearance for intervenor, The Berkshire Gas Co., and others.

William W. Winter, Chicago, Ill., entered an appearance for intervenor, The Peoples Gas Light and Coke Co., and others.

B. Jenkins Middleton, Washington, D. C., entered an appearance for intervenor, Rochester Gas and Electric Corp.

Before MacKINNON and WILKEY, Circuit Judges, and JAMESON, United States Senior District Judge for the District of Montana.


PER CURIAM:

Tennessee Gas Pipeline Company (Tennessee) petitions this court to review and set aside a letter order of the Federal Power Commission (the Commission) issued July 31, 1972, which rejected a "Purchased Gas Cost Tracking Rate Increase" filed by Tennessee. We find that the July 31st order was in direct conflict with a prior Commission order, and direct the July 31st order to be set aside.1

A "tracking rate change" enables...

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