CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Public Service Electric and Gas Company, Long Island Lighting Company, Philadelphia Gas Works, Bay State Gas Company, et al., Brooklyn Union Gas Company, General Motors Corporation, Texas Eastern Transmission Corporation, Consolidated Gas Supply Corporation, Public Service Commission of the State of New York, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 4, 1981.
Decided April 20, 1982.
As Amended April 20, 1982.
Attorney(s) appearing for the Case
William I. Harkaway, Chicago, Ill., for petitioner.
Auburn L. Mitchell, Atty., Federal Energy Regulatory Com'n, Washington, D. C., with whom Jerome Nelson, Acting Gen. Counsel and Sol., Federal Energy Regulatory Com'n, Washington, D. C., was on the brief, for respondent.
Platt W. Davis, III, Washington, D. C., with whom David T. Andril, Washington, D. C., was on the brief for intervenor, Texas Eastern Transmission Corp. J. Evans Attwell, Houston, Tex., also entered an appearance for intervenor, Texas Eastern Transmission Corp.
James R. Lacy, Newark, N. J., was on the brief for intervenor, Public Service Elec. and Gas Co.
Joseph R. Davidson, Wayne, Pa., was on the brief for intervenor, Philadelphia Gas Works.
John S. Schmid, Washington, D. C., was on the brief for intervenor, Bay State Gas Co., et al.
Joseph P. Stevens and Alvin Adelman, Brooklyn, N. Y., were on the brief for intervenor, Brooklyn Union Gas Co.
Edward J. Grenier, Jr., Richard P. Noland, William H. Penniman, Washington, D. C., and Julius Jay Hollis, Detroit, Mich., were on the brief for intervenor General Motors Corp.
Karen Lyn Newman, Washington, D. C., was on the brief for intervenor, Consolidated Gas Supply Corp.
Richard A. Solomon and Alexander M. Peters, Washington, D. C., were on the brief for intervenor, Public Service Commission of the State of N. Y.
Before ROBINSON, Chief Judge, and WALD and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
Petitioner, Consolidated Edison ("Con Ed") challenges the Federal Energy Regulatory Commission's ("FERC" or "Commission") approval of an end use curtailment plan for natural gas that does not require customers who undergo below average curtailment to compensate those who are curtailed more than the average customer.1
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