EAST TENN. NATURAL GAS v. FED. ENERGY REG. COM'N

Nos. 80-3461, 80-3624.

677 F.2d 531 (1982)

EAST TENNESSEE NATURAL GAS COMPANY, Petitioner (80-3461), Intervenor (80-3624), United Distribution Companies, Petitioner (80-3624), Intervenor (80-3461), v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Process Gas Consumers Group, the American Iron & Steel Institute, and the Georgia Industrial Gas Group, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided May 10, 1982.


Attorney(s) appearing for the Case

C. William Cooper, Falmouth, Mass., J. Richard Tiano, Richard M. Merriman, John R. Schaefgen, Jr., Reid & Priest, Washington, D. C., for United Distribution Companies — intervenors.

William A. Sutherland, Sutherland, Asbill & Brennan, Washington, D. C., for the Process Gas Consumers Group, the American Iron & Steel Institute, and the Georgia Industrial Gas Group — intervenors.

Gregory Grady, Dale A. Wright, James T. McManus, Barbara J. Klein, Littman, Richter, Wright & Talisman, P. C., Washington, D. C., Thomas E. Midyett, Jr., General Attorney, East Tennessee Natural Gas Co., Knoxville, Tenn., for East Tennessee Natural Gas Co.

Jerome Nelson, Sol., Carol M. Lane, Federal Energy Regulatory Comm., Washington, D. C., Joanne Leveque, for Federal Energy Regulatory Commission.

Edward J. Grenier, Jr., Glen S. Howard, Sutherland, Asbill & Brennan, Washington, D. C., for intervenor, Process Gas Consumers Group, et al.

Before ENGEL and KENNEDY, Circuit Judges, and HILLMAN, District Judge.


PER CURIAM.

Petitioners and Intervenors seek review of two unreported orders of the Federal Energy Regulatory Commission1 in which the Commission adopted rules governing the exemption of "small existing industrial boiler fuel users" from incremental pricing pursuant to section 206 of the Natural Gas Policy Act of 1978 ("NGPA"), 15 U.S.C. § 3346. Two of the resulting rules are the subject of this appeal and are codified at 18 C.F.R...

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