ELIZABETHTOWN GAS CO. v. FED. ENERGY REG. COM'N

Nos. 77-1666, 78-1041.

636 F.2d 1328 (1980)

ELIZABETHTOWN GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Columbia Gas Transmission Corporation, Consolidated Edison Company of New York, Inc., Philadelphia Gas Works, Brooklyn Union Gas Company, Bay State Gas Company, et al., Algonquin Gas Transmission Company, Consolidated Gas Supply Corporation, Indiana Gas Company, Inc., United Cities Gas Company, Somerset Gas Service of Somerset, Kentucky, Public Service & Gas Company, Long Island Lighting Company, General Motors Corporation, Public Service Commission of the State of New York, Central Illinois Public Service Company, Arkansas-Missouri Power Company, Associated Natural Gas Company, Texas Gas Transmission Corporation, Municipal Distributors Group, Texas Eastern Transmission Corporation, Equitable Gas Company, and Philadelphia Electric Company, Intervenors. ELIZABETHTOWN GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Consolidated Gas Supply Corporation, Brooklyn Union Gas Company, Consolidated Edison Company of New York, Inc., Texas Eastern Transmission Corporation, Somerset Gas Service of Somerset, Kentucky, Carnegie Natural Gas Company, Public Service Electric and Gas Company, Bay State Gas Company, et al., Algonquin Gas Transmission Company, Municipal Distributors Group, Public Service Commission of the State of New York, General Motors Corporation, Central Illinois Public Service Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1980.


Attorney(s) appearing for the Case

John T. Miller, Jr., Washington, D. C., for petitioner.

Andrew M. Zack, Atty., Federal Energy Regulatory Commission, Washington, D. C., for respondent.

Howard E. Shapiro, Sol., Federal Energy Regulatory Commission, and Donald C. Shepler, Atty., Federal Energy Regulatory Commission, Washington, D. C., were on brief, for respondent.

Platt W. Davis, III, Washington, D. C., with whom J. Evans Attwell and Judy M. Johnson, Houston, Tex., were on brief, for intervenor Texas Eastern Transmission Corporation.

John E. Holtzinger, Jr., Karol Lyn Newman and Charles R. Brown, Washington, D. C., were on brief, for intervenor Consolidated Gas Supply Corporation.

Barbara M. Gunther, Joseph P. Stevens and Alvin Adelman, Brooklyn, N. Y., were on brief, for intervenor Brooklyn Union Gas Company.

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

Jerome C. Muys and Paul T. Nowak, Jr., Washington, D. C., were on brief, for intervenor Somerset Gas Service of Somerset, Kentucky.

William R. Duff, Carl W. Ulrich, Washington, D. C., Edward S. Kirby and James R. Lacey, Newark, N. J., were on brief, for intervenor, Public Service Electric and Gas Company.

Francis J. McShalley and John S. Schmid, Washington, D. C., were on brief, for intervenor, Algonquin Gas Transmission Company.

Barton A. Hertzbach and Stephen Schachman, Philadelphia, Pa., were on brief, for intervenor, Philadelphia Gas Works.

William T. Miller, Washington, D. C., was on brief, for intervenor, Municipal Distributors Group.

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

Edward J. Grenier, Jr., Richard P. Noland and Jay L. Lazar, Washington, D. C., were on brief, for intervenor, General Motors Corporation.

John D. Daly and Giles D. H. Snyder, Charleston, W. Va., were on brief, for intervenor, Columbia Gas Transmission Corporation in No. 77-1666 only.

Stephen J. Small, Charleston, W. Va., was on brief, for intervenor, Columbia Gas Transmission Corporation in No. 77-1666 only.

Also Edward H. Gerstenfield, Bethesda, Md., entered an appearance for intervenor, Carnegie Natural Gas Company in No. 78-1041 only.

Also John S. Schmid and Paul W. Fox, Washington, D. C., entered appearances for intervenor, Bay State Gas Company, et al. in Nos. 77-1666 and 78-1041.

Also James K. Mitchell, Bloomfield Hills, Mich., entered an appearance for intervenor, Central Illinois Public Service Company in Nos. 77-1666 and 78-1041 and intervenor, Arkansas-Missouri Power Company, et al. in No. 77-1666 only.

Also Jack M. Irion, Shelbyville, Tenn., entered an appearance for intervenor, United Cities Gas Company in No. 77-1666 only.

Also H. Kent Howard and Jon D. Noland, Indianapolis, Ind., entered appearances for intervenor, Indiana Gas Company, Inc. in No. 77-1666 only.

Also Robert C. Richards, Mineola, N. Y., entered an appearance for intervenor, Long Island Lighting Company in No. 77-1666 only.

Also Augustine A. Mazzei, Jr., Asst. General Counsel, Pittsburgh, Pa., entered an appearance for intervenor, Equitable Gas Company in No. 77-1666 only.

Also Christopher T. Boland and John F. Harrington, Washington, D. C., entered appearances for intervenor, Texas Gas Transmission Corporation in No. 77-1666 only.

Also Eugene J. Bradley, Philadelphia, Pa., entered an appearance for intervenor, Philadelphia Electric Company in No. 77-1666 only.

Also Philip R. Telleen, Atty., Federal Energy Regulatory Commission, Washington, D. C., entered an appearance for respondent in No. 77-1666 only.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.


Opinion PER CURIAM

PER CURIAM:

Petitioner Elizabethtown Gas Company seeks review of a series of orders issued by the Federal Energy Regulatory Commission (FERC) and its predecessor the Federal Power Commission approving an interim plan for curtailment of gas by the Texas Eastern Transmission Corporation (Tetco). Elizabethtown challenges the validity of the curtailment plan as a system purportedly based upon the eventual...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases