PUBLIC UTIL. COM'N, ETC. v. FED. ENERGY REG. COM'N

No. 80-1117.

660 F.2d 821 (1981)

PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Gas Research Institute, Northern Distributor Group, American Gas Association, Interstate Natural Gas Association of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1981.


Attorney(s) appearing for the Case

Eugene C. Cavaliere, Asst. Atty. Gen., State of Colo., Denver, Colo., for petitioner.

A. Karen Hill, Atty., Federal Regulatory Commission, Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel and Jerome Nelson, Sol., Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent. Rhodell G. Fields, Atty., Federal Energy Regulatory Commission, Washington, D. C., also entered an appearance for respondent.

Christopher T. Boland, Washington, D. C., with whom James M. Broadstone, Washington, D. C., was on the brief, for intervenor, Gas Research Institute.

David J. Muchow, Arlington, Va., and John A. Myler, Washington, D. C., were on the brief, for intervenor, American Gas Association.

Peter H. Schiff, Gen. Counsel, Public Service Commission of the State of New York, Albany, N. Y., Richard A. Solomon, Washington, D. C., were on the brief, for amicus curiae Public Service Commission of the State of New York urging affirmance.

George C. Mastor, Minneapolis, Minn., and Ned Willis, Perry, Iowa, entered appearances for intervenors, Northern Distributors Group.

Lawrence V. Robertson, Jr., Washington, D. C., entered an appearance for intervenor Interstate Natural Gas Association of America.

Before MIKVA and EDWARDS, Circuit Judges, and VAN PELT, Senior District Judge for the District of Nebraska.


Opinion for the court filed by Senior District Judge VAN PELT.

VAN PELT, Senior District Judge:

Petitioner seeks review of Opinion No. 64, Docket No. RP79-75 (Oct. 2, 1979) of the Federal Energy Regulatory Commission (referred to herein as FERC or "the Commission"). Opinion No. 64 substantially approved Gas Research Institute's (GRI's) 1980 research and development (R & D) program, and the related 1980-84 five-year R & D plan, and allowed GRI's jurisdictional...

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