CORNING GLASS WORKS v. FED. ENERGY REG. COM'N

Nos. 81-1216, 81-1350.

675 F.2d 392 (1982)

CORNING GLASS WORKS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Columbia Gas Transmission Corporation, UGI Corporation, Washington Gas Light Corporation, Intervenors. PUBLIC UTILITIES COMMISSION OF OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, People's Counsel of Maryland, Public Service Commission of Maryland, UGI Corporation, Baltimore Gas and Electric Company, Washington Gas Light Company, Public Service Commission of the State of New York, Columbia Gas Transmission Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 1982.


Attorney(s) appearing for the Case

Franz M. Oppenheimer, Washington, D. C., with whom Carmen D. Legato and Edward R. Muller, Washington, D. C., were on the brief for petitioner in No. 81-1216.

Jonathan L. Heller, Asst. Atty. Gen., Columbus, Ohio, State of Ohio, with whom William J. Brown, Atty. Gen., State of Ohio, and Marvin I. Resnik, Asst. Atty. Gen., Columbus, Ohio, State of Ohio, were on the brief for petitioner in No. 81-1350.

Glenn S. Krassen, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Jerome M. Feit, Deputy Sol., Federal Energy Regulatory Commission, and Andrea Wolfman, Washington, D. C., Atty., Federal Energy Regulatory Commission, were on the brief for respondent in Nos. 81-1216 and 81-1350.

Stephen J. Small, Charleston, W. Va., with whom Giles D. H. Snyder, Columbus, Ohio, was on the brief for intervenor, Columbia Gas Transmission Corp. in Nos. 81-1216 and 81-1350. John M. Hill, Charleston, W. Va., also entered an appearance for intervenor Columbia Gas Transmission Corp.

David E. Blabey and Richard A. Solomon, Washington, D. C., were on the brief for intervenor Public Service Commission of the State of New York in No. 81-1350.

J. David Mann, Jr., Washington, D. C., entered an appearance for intervenor UGI Corp. in Nos. 81-1216 and 81-1350.

James A. Biddison, Jr. and Hodges B. Childs, Baltimore, Md., entered appearances for intervenor Baltimore Gas and Elec. Co. in No. 81-1350.

Lewis Carroll and Gordon M. Grant, Washington, D. C., entered appearances for intervenor Washington Gas Light Co. in Nos. 81-1216 and 81-1350.

Allen M. Freifeld, Baltimore, Md., entered an appearance for intervenor Public Service Commission of Maryland in No. 81-1350.

Carmen D. Legato, Washington, D. C., entered an appearance for intervenor People's Counsel of Maryland in No. 81-1350.

Before WALD, MIKVA, and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

INTRODUCTION

In response to the 1970s shortage in interstate natural gas supplies, Columbia Gas Transmission Corporation (Columbia), an interstate natural gas pipeline company, introduced into its system revaporized liquefied natural gas (LNG) imported from Algeria.1 This Algerian LNG has a higher heating value and specific gravity than the...

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