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

No. 77-1566.

606 F.2d 1373 (1979)

TENNESSEE GAS PIPELINE COMPANY, a Division of Tenneco, Inc., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Consolidated Edison Company, Inc. of New York, Public Service Commission of the State of New York, Columbia Gas Transmission Co., Public Service Electric & Gas Co., New England Customer Group, Tennessee Natural Gas Lines, Inc., General Motors Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 21, 1979.


Attorney(s) appearing for the Case

Melvin Richter, Washington, D. C., with whom Dale A. Wright, Washington, D. C., was on the brief, for petitioner.

McNeill Watkins, II, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D. C., was on the brief, for respondent.

Dennis Lane, Washington, D. C., with whom Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., and Richard A. Solomon, Washington, D. C., were on the brief, for intervenor Public Service Commission of the State of New York.

John D. Daly and Stephen J. Small, Charleston, W. Va., were on the brief, for intervenor Columbia Gas Transmission Corp.

William I. Harkaway, Washington, D. C., was on the brief, for intervenor Consolidated Edison Co. of New York, Inc.

Also Carl W. Ulrich, Washington, D. C., entered an appearance for intervenor Public Service Elec. and Gas Co.

Also John W. Glendening, Jr. and Paul W. Fox, Washington, D. C., entered appearances for intervenor New England Customer Group.

Also William W. Bedwell, Washington, D. C., entered an appearance for intervenor Tennessee Natural Gas Lines, Inc.

Also Edward J. Grenier, Jr., Richard P. Noland, Floyd I. Robinson and Robert W. Clark, III, Washington, D. C., entered appearances for intervenor General Motors Corp.

Also Steven A. Taube, Atty., Interstate Commerce Commission, Washington, D. C., entered an appearance for respondent.

Also Sheila S. Hollis, Washington, D. C., entered an appearance for intervenor Public Service Commission of the State of New York.

Before ROBB and WILKEY, Circuit Judges, and RICHEY, United States District Judge, United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge WILKEY.

Dissenting opinion filed by Circuit Judge ROBB.

WILKEY, Circuit Judge:

Tennessee Gas Pipeline Company (Tennessee) petitions this court to vacate two orders1 of the Federal Power Commission2 arising from a proceeding which Tennessee maintains has become moot. The Commission found, after a hearing, that Tennessee's curtailment of natural gas...

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