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EAST TENNESSEE, ETC. v. FEDERAL ENERGY REG.

Nos. 79-1413, 79-1442.

631 F.2d 794 (1980)

EAST TENNESSEE NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Tennessee Natural Gas Lines, Inc., East Tennessee Group, Tennessee Public Service Commission, Intervenors. TENNESSEE NATURAL GAS LINES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Tennessee Public Service Commission, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1980.

Attorney(s) appearing for the Case

Dale A. Wright, Michael J. McDanold, James R. Schroll, Terence J. Collins, Washington, D. C. and John A. Ferguson were on brief, for petitioner in No. 79-1413.

William W. Bedwell, Washington, D. C., for petitioner in No. 79-1442.

Rhodell G. Fields and Joshua Z. Rokach, Attys., Federal Energy Regulatory Commission, Washington, D. C., with whom Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, Washington, D. C., was on brief, for respondent.

Eugene W. Ward, Gen. Counsel, Tennessee Public Service Commission, Nashville, Tenn., was on brief for intervenor Tennessee Public Service Commission in Nos. 79-1413 and 79-1442.

Jack M. Irion, Shelbyville, Tenn., was on brief, for intervenor East Tennessee Group in No. 79-1413.

Before TAMM and MIKVA, Circuit Judges, and JOYCE HENS GREEN, United States District Judge for the District of Columbia.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

These two cases, consolidated for review, bring before us an order of the Federal Energy Regulatory Commission requiring two intermediate sellers of natural gas to pass through to their customers certain credits they received from their pipeline supplier when it failed to deliver all of its minimum contractual obligations in 1974 and 1975. The petitioners argue that the Commission could...

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