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TRANSWESTERN PIPELINE v. FEDERAL ENERGY REG. COMM'N

Nos. 78-1090, 79-3053.

626 F.2d 1266 (1980)

TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1980.

Attorney(s) appearing for the Case

Vinson & Elkins, James W. McCartney, Houston, Tex., for petitioner.

Jerome Nelson, Sol., J. Paul Douglas, Washington, D. C., for respondent.

Martin A. Mattes, San Francisco, Cal., for The People of the State of California and the Public Utilities Commission of the State of California.

John H. Craig, III, Terminal Annex, Los Angeles, Cal., for intervenor.

Janice E. Kerr, J. Calvin Simpson, Martin A. Mattes, San Francisco, Cal., for The People of the State of California, et al.

Before CHARLES CLARK, RONEY and GARZA, Circuit Judges.

GARZA, Circuit Judge:

We have before us consolidated petitions for review of orders of the Federal Power Commission and its successor, the Federal Energy Regulatory Commission, rendered in two separately docketed Commission proceedings. The effect of these orders was to thwart the attempt of petitioner Transwestern to include its expenditures related to a coal gasification plant in its rate base, to be recovered in its rates...

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