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BROOKLYN UNION GAS CO. v. FEDERAL ENERGY REG.

No. 78-1231.

627 F.2d 462 (1980)

The BROOKLYN UNION GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Electric and Gas Co., Public Service Commission of the State of New York, Philadelphia Electric Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 30, 1980.

Rehearing Denied July 25, 1980.

Attorney(s) appearing for the Case

Joseph P. Stevens, Brooklyn, N.Y., with whom Barbara M. Gunther, Alvin Adelman and William R. Coleman, Brooklyn, N.Y., were on brief, for petitioner.

J. Paul Douglas, Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Robert R. Nordhaus, Gen. Counsel and Howard E. Shapiro, Washington, D.C., were on brief, for respondent.

James R. Lacey, Newark, N.J., was on brief, for intervenor, Public Service Elec. and Gas. Co.

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

Frederick Moring, James A. Wilderotter and Philip M. Marston, Washington, D.C., were on brief, for Associated Gas Distributors, Amicus Curiae, urging reversal.

Philip M. Marston, Washington, D.C., for intervenor, Philadelphia Elec. Co.

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

Opinion PER CURIAM. PER CURIAM:

The proceedings in this case began before the Federal Power Commission, now the Federal Energy Regulatory Commission, when Transcontinental Gas Pipe Line Corporation (Transco) filed applications for certificates of public convenience and necessity authorizing interruptible transportation service by Transco to three public utilities. The three utilities, each of which distributes and sells natural gas at retail, are Delmarva Power &...

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