GENERAL MOTORS v. FEDERAL ENERGY REGULATORY COM'N

No. 77-1859.

613 F.2d 939 (1979)

GENERAL MOTORS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern Illinois Gas Co., Natural Gas Pipeline Co. of America, Northern Indiana Public Service Co., Mississippi River Transmission Corp., Iowa-Illinois Gas & Electric Co., Peoples Gas, Light and Coke Co., Central Illinois Light Co., Associated Natural Gas Company, the Cities of Lenox, Bedford, Clearfield and Prescott, Iowa, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 24, 1979.


Attorney(s) appearing for the Case

Edward J. Grenier, Jr., with whom Richard P. Noland, Richard A. Oliver, Washington, D.C., and Julius Jay Hollis, Detroit, Mich., were on brief, for petitioner.

J. Paul Douglas, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D.C., were on brief, for respondent.

J. Stanley Stroud, Chicago, Ill., with whom Wendell H. Adair, Chicago, Ill., was on brief, for intervenor Northern Illinois Gas Company, et al.

Joseph T. Morrow, Hammond, Ind., was on brief, for intervenor Northern Indiana Public Service Company.

Paul E. Goldstein, Paul W. Mallory, Chicago, Ill., and Harry L. Albrecht, Washington, D.C., were on brief, for intervenor The Peoples Gas, Light & Coke Company, and Natural Gas Pipeline Company of America.

Charles A. Crampton, Davenport, Iowa, was on brief, for intervenor Iowa Illinois Gas & Electric Company.

J. Richard Tiano and Richard T. Witt, Washington, D.C., were on brief, for intervenor Central Illinois Light Company and Associated Natural Gas Company.

Also Wm. W. Bedwell, Washington, D.C., entered an appearance for intervenor Mississippi River Transmission Corporation.

Also William T. Miller and Stanley W. Balis, Washington, D.C., entered appearances for intervenor Cities of Lenox, Bedford, Clearfield and Prescott, Iowa.

Also Steven A. Taube, Atty., Federal Energy Regulatory Commission, Washington, D.C., entered an appearance for respondent.

Before BAZELON, Senior Circuit Judge, and MacKINNON and ROBB, Circuit Judges.


Opinion per curiam.

Concurring opinion filed by Senior Circuit Judge BAZELON.

PER CURIAM:

Petitioner General Motors Corporation (GM) seeks to set aside an order of the Federal Energy Regulatory Commission (Commission) which dismissed without a hearing GM's complaint against a natural gas curtailment plan filed with the Commission by the Natural Gas Pipeline Company of America (Pipeline). GM contends that the Commission abused its discretion in dismissing...

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