CONSUMER ENERGY, ETC. v. F. E. R. C.

Nos. 80-2184, 80-2312.

673 F.2d 425 (1982)

CONSUMER ENERGY COUNCIL OF AMERICA, Consumer Federation of America, and Public Citizen, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Process Gas Consumers Group, et al., United Distribution Companies, Interstate Natural Gas Association of America, American Gas Association, Petrochemical Energy Group, Intervenors. CONSUMER ENERGY COUNCIL of AMERICA, Consumer Federation of America, and Public Citizen, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United Distribution Companies, Interstate Natural Gas Association of America, Process Gas Consumers Group, et al., American Gas Association, Petrochemical Energy Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1982.


Attorney(s) appearing for the Case

Alan B. Morrison, Washington, D. C., with whom John Cary Sims, Washington, D. C., was on the brief for petitioners.

Larry L. Simms, Acting Asst. Atty. Gen., Dept. of Justice, of the bar of the Supreme Court of Vermont pro hac vice by special leave of Court, Washington, D. C., with whom Harold H. Bruff and Anthony J. Steinmeyer, Attys., Dept. of Justice, Washington, D. C., were on the brief for amicus curiae, U. S.

Jerome M. Feit, Deputy Sol., Federal Energy Regulatory Com'n, Washington, D. C., with whom Jerome Nelson, Acting Gen. Counsel, and Stephen R. Melton, Atty., Federal Energy Regulatory Com'n, Washington, D. C., were on the brief for respondent.

Edward J. Grenier, Jr., Washington, D. C., with whom Michael J. Shea, Glen S. Howard, Marilyn L. Muench and David A. Gross, Washington, D. C., were on the brief for intervenors, The Process Gas Consumers Group, et al.

C. William Cooper, Falmouth, Mass., with whom Richard M. Merriman, David G. Hanes, L. Peter Farkas, John D. McGrane, Peyton G. Bowman, III, and John R. Schaefgen, Jr., Washington, D. C., were on the brief for intervenors, United Distribution Companies.

Michael Davidson, Senate Legal Counsel, Washington, D. C., with whom M. Elizabeth Culbreth, Deputy Senate Legal Counsel, and Charles Tiefer, Asst. Senate Legal Counsel, Washington, D. C., were on the brief for amicus curiae, U. S. Senate, urging dismissal.

Eugene Gressman, Washington, D. C., for amicus curiae, Speaker of the U. S. House of Representatives, urging dismissal.

John A. Myler, Washington, D. C., was on the brief for intervenor, American Gas Ass'n.

Lawrence V. Robertson, Jr., Washington, D. C., was on the brief for intervenor, Interstate Natural Gas Ass'n of America.

R. Gordon Gooch, B. Donovan Picard, Thomas J. Eastment and John W. Leslie, Washington, D. C., were on the brief for intervenor, Petrochemical Energy Group.

Before BAZELON, Senior Circuit Judge, and WILKEY and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

OUTLINE OF OPINION

                                                                                 Page
  I.  BACKGROUND ...............................................................  434
      A.  Structure of the NGPA ................................................  434
      B.  Legislative History of Title II ......................................

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