OHIO ASSOCIATION OF COMMUNITY ACTION AGENCIES, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, et al., Respondents,
Northern Natural Gas Company, Southern Natural Gas Company, Associated Gas Distributors, Interstate Natural Gas Association of America, Mississippi River Transmission Corporation, Southern California Gas Company, Public Service Commission of Wisconsin, Entex, Inc., American Gas Association, Process Gas Consumers Group, et al., Kennecott Minerals Company, United Gas Pipe Line Company, United Distribution Companies, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 2, 1981.
Decided June 15, 1981.
Attorney(s) appearing for the Case
Edward L. Petrini with whom Charles E. Hill, Washington, D. C., was on the brief for petitioners. Alan S. Davis, Washington, D. C., also entered an appearance for petitioners.
Stephen R. Melton, Federal Energy Regulatory Commission, Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel, Federal Energy Regulatory Commission, Washington, D. C., was on the brief for respondents.
James J. Flood, Jr., Washington, D. C., with whom Charles J. McClees, Jr., Houston, Tex., was on the brief for intervenor Southern Natural Gas Company presented argument on behalf of all intervenors.
C. William Cooper, Falmouth, Mass., J. Richard Tiano and John R. Schaefgen, Jr., Washington, D. C., was on the brief for intervenor, United Distributors Company.
John A. Myler, Washington, D. C., and Kevin B. Belford, Arlington, Va., were on the brief for intervenor, American Gas Association.
Lawrence V. Robertson, Jr., and John H. Cheatham, III, Washington, D. C., were on the brief for intervenor, Interstate Natural Gas Association of America.
Before MacKINNON and WALD, Circuit Judges and AUBREY E. ROBINSON, Jr., United States District Judge for the District of Columbia.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
INTRODUCTION
WALD, Circuit Judge:
This case concerns the surcharge to be paid by industrial users of natural gas under the incremental pricing system administered by the Federal Energy Regulatory Commission ("the Commission"). The incremental pricing system is provided for in Title II of the Natural Gas Policy Act of 1978 ("the Act" or "NGPA"), Pub.L.No...
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