PROCESS GAS CONSUMERS GROUP v. U.S., ETC.

No. 79-1336.

694 F.2d 778 (1982)

The PROCESS GAS CONSUMERS GROUP, et al., Petitioners, v. U.S. DEPARTMENT OF AGRICULTURE, Bob Bergland, Secretary of Agriculture, Respondents, United Gas Pipe Line Company, et al., Intervenors. UNITED GAS PIPE LINE COMPANY, Petitioner, v. U.S. DEPARTMENT OF AGRICULTURE, Bob Bergland, Secretary of Agriculture, Respondents, Transcontinental Gas Pipe Line Corporation, et al., Intervenors. The PROCESS GAS CONSUMERS GROUP, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, American Bakers Association, et al., Intervenors. COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United Distribution Companies, the United States Brewers Association, Inc., Public Service Commission of New York, Consolidated Gas Supply Corporation, Great Western Sugar Company, Tennessee Gas Pipeline Co., Intervenors. UNITED DISTRIBUTION COMPANIES, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consolidated Gas Supply Corporation, Intervenor. UNITED DISTRIBUTION COMPANIES, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The BROOKLYN UNION GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of New York, Intervenor. STATE OF LOUISIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. COLUMBIA NITROGEN CORPORATION and Nipro, Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. FIRST MISSISSIPPI CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ATLANTA GAS LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. FIRST MISSISSIPPI CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. UNITED GAS PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The PROCESS GAS CONSUMERS GROUP, American Industrial Clay Company of Sandersville and Georgia Kaolin Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ALLIED CHEMICAL CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. STATE OF LOUISIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The FERTILIZER INSTITUTE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The BROOKLYN UNION GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. UNITED DISTRIBUTION COMPANIES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NATIONAL FOOD PROCESSORS ASSOCIATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ATLANTA GAS LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 1, 1982.


Attorney(s) appearing for the Case

Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., with whom George H. Williams, Jr., Atty., F.E.R.C., Washington, D.C., was on the rehearing brief on Section II.A for respondents.

Edward J. Grenier, Jr., Richard P. Nolan, Robert W. Clark, III, and William H. Penniman, Washington, D.C., for the Process Gas Consumers Group, C. William Cooper, Falmouth, Mass., Richard M. Merriman, and John R. Schaefgen, Jr., Washington, D.C., for United Distribution Companies, Lewis Carroll, Birmingham, Ala., and Gordon Grant, Washington, D.C., for Washington Gas Light Co., Joseph P. Stevens and Alvin Adelman, Brooklyn, N.Y., for the Brooklyn Union Gas Co. and Richard A. Solomon, Washington, D.C., for The Public Service Commission of the State of N.Y. were on the rehearing brief on Section II.A for petitioners.

Steven A. Herman, Washington, D.C., for American Bakers Ass'n and The Fertilizer Institute with whom William A. Mogel, Washington, D.C., for American Meat Institute, et al., Joseph M. Creed, Washington, D.C., for Biscuit & Cracker Mfrs' Ass'n, Joseph S. Fontana, Washington, D.C., for Corn Refiners Ass'n, Albert J. Feigen, Washington, D.C., for American Sugar Cane League of the U.S.A., Inc., Richard S. Harrell, Washington, D.C., for Distilled Spirits Council of the U.S., Inc., Margaret M. Huff and Michael J. Huston, Indianapolis, Ind., for Eli Lilly Co., Gerard Paul Panaro, Washington, D.C., for Retail Bakers of America, James W. Riddell, Washington, D.C., for U.S. Brewers Ass'n, Inc., Keith R. McCrea, Washington, D.C., for Glass Packaging Institute, Donald A. Frederick, Washington, D.C., for National Council of Farmers Co-op., Edwin H. Pewett and Michael J. Ruane, Washington, D.C., for National Meat Ass'n, and Frederic G. Berner, Jr., Washington, D.C., for National Soybean Processors Ass'n were on the joint rehearing brief on Section II.A for Agriculture intervenors.

Anthony J. Steinmeyer and Bruce G. Forrest, Attys., Dept. of Justice and Terrence G. Jackson, Atty., Dept. of Agriculture, Washington, D.C., were on the rehearing brief on Section II.A for respondent, U.S. Dept. of Agriculture.

Gregory Grady, Washington, D.C., with whom Michael J. McDonald, Nicholas W. Fels, K. Gregory Tucker, Washington, D.C., Thomas E. Midyett, Knoxville, Tenn., A.S. Lacy and Roy R. Robertson, Jr., Birmingham, Ala., were on the joint rehearing brief on Section II.A for petitioners, Midwestern Gas Transmission Co., et al.

John R. Holtzinger, Jr., Paul H. Keck, John T. Stough, Jr., and Brian R. Gish, Washington, D.C., for Atlanta Gas Light Co. and William I. Harkaway and G. Douglas Essy, Chicago, Ill., for Consol. Edison Co. of New York, Inc. were on the joint rehearing brief on Section II.A for respondents.

David B. Robinson and James R. Patton, Jr., Washington, D.C., for the State of La., Nicholas W. Fels, Washington, D.C., for Air Products and Chemicals, Inc., et al., and Michael J. Manning, Washington, D.C., for Entex were on the joint rehearing brief on Section I.C for petitioners.

D. Knox Bemis, Washington, D.C., with whom W. DeVier Pierson, Richard A. Yarmey, Washington, D.C., and Sheila Jackson Lee, Houston, Tex., were on the rehearing brief on Section I.C for petitioners, United Gas Pipe Line Co.

Joel M. Cockrell, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., and George H. Williams, Jr., Atty., F.E.R.C., Washington, D.C., were on the rehearing brief on Section I.C for respondent.

Joseph P. Stevens and Alvin Adelman, Brooklyn, N.Y., for The Brooklyn Union Gas Co., Richard A. Solomon, Washington, D.C., and David D'Alessandro for the Public Service Com'n of the State of N.Y., Inc. and Lewis Carroll, Birmingham, Ala., and Gordon M. Grant, Washington, D.C., for Washington Gas Light Co. were on the joint rehearing brief on Section I.C for respondents.

Before ROBINSON, Chief Judge, WILKEY, WALD, MIKVA, EDWARDS and GINSBURG, Circuit Judges, and ROBB, Senior Circuit Judge.


Argued En Banc April 13, 1982.

PER CURIAM:

The court's opinion in this case consists of the panel opinion of July 29, 1981, except for Parts II.A.2 and II.A.3, together with the en banc opinion of October 1, 1982. The court's order of November 13, 1981 granting rehearing en banc vacated Parts I.C and II.A of the panel opinion; the en banc opinion, however, reinstates Part II.A.1 of the panel opinion and adopts Part I.C of the panel opinion...

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