WEST VIRGINIA PUBLIC SERVICES COMMISSION, Petitioner,
v.
UNITED STATES DEPARTMENT OF ENERGY, Economic Regulatory Administration, Respondent,
Southern Natural Gas Co., etc., Columbia LNG Corp., etc., UGI Corporation, Pennsylvania Gas and Water Co., El Paso Algeria Co., Consolidated System LNG Company, Dayton Power and Light Company, Columbia Gas Distribution Companies, etc., et al., Georgia Industrial Gas Group and General Motors Corporation, Public Service Commission of the State of New York, Atlanta Gas Light Company, Intervenors.
GEORGIA INDUSTRIAL GROUP and General Motors Corporation, Petitioners,
v.
DEPARTMENT OF ENERGY, Charles Duncan, Secretary of Energy, and Economic Regulatory Administration, Hazel Rollins, Administrator, Respondents,
Southern Natural Gas Co., etc., UGI Corporation, etc., Columbia LNG Corporation, etc., Pennsylvania Gas and Water Co., El Paso Algeria Corporation, Washington Gas Light Co., People's Counsel of Maryland, Consolidated System LNG Co., Dayton Power and Light Co., Columbia Gas Distribution Companies, et al., Alabama Gas Corporation, Cincinnati Gas & Electric Co., et al., Intervenors.
CONSUMER FEDERATION OF AMERICA and Consumer Energy Council of America, Petitioners,
v.
ECONOMIC REGULATORY ADMINISTRATION and Department of Energy, Respondents,
Southern Natural Gas Co., etc., UGI Corporation, Columbia LNG Corporation, etc., Pennsylvania Gas and Water Company, Dayton Power and Light Co., El Paso Algeria Corporation, Consolidated System LNG Co., Washington Gas Light Co., People's Counsel of Maryland, Chattanooga Gas Company, Columbia Gas Distribution Companies, etc., et al., Alabama Gas Corporation, Cincinnati Gas & Electric Co., et al., Georgia Industrial Gas Group and General Motors Corporation, Public Service Commission of the State of New York, Atlanta Gas Light Company, Gas Light Company of Columbus, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 22, 1981.
Decided June 18, 1982.
Attorney(s) appearing for the Case
Richard E. Hitt, Jackson, Mich., with whom Robert R. Rodecker, Charleston, W. Va., was on the brief, for petitioner West Virginia Public Service Commission in No. 80-1402.
Morton L. Simons, with whom Charles E. Hill, Washington, D. C., was on the brief, for petitioners Consumer Federation of America, et al., in No. 80-1437.
Robert W. Clark, III, with whom Edward J. Grenier, Jr., Richard P. Noland, David A. Gross, Glen S. Howard, Robert P. Varian, Washington, D. C., and Julius Jay Hollis, Detroit, Mich., were on the brief, for Georgia Industrial Group and General Motors Corp., petitioners in No. 80-1410 and intervenors in Nos. 80-1402 and 80-1437.
Arthur S. Weissbradt, Atty., Dept. of Energy, for respondents.
James J. Flood, Jr., Washington, D. C., with whom William A. Major, Jr., Birmingham, Ala., was on the brief, for intervenors Southern Natural Gas Co. and Southern Energy Co.
John M. Hill, Giles D. H. Snyder, Stephen J. Small, Charleston, W. Va., and John F. Sisson, Wilmington, Del., were on the brief for intervenors Columbia LNG Corp. and Columbia Gas Transmission Corp.
Michael B. Sheppard, Lowell D. Turnbull and Carmen D. Legato, Washington, D. C., were on the brief for intervenor People's Counsel of Maryland.
Thomas E. Morgan, Wallace R. Barnes and Allan E. Roth, Columbus, Ohio, were on the brief for intervenors Columbia Gas Distribution Companies.
Peter H. Schiff, Albany, N. Y., Richard A. Solomon and Dennis Lane, Washington, D. C., entered appearances for intervenor Public Service Commission of the State of New York.
J. David Mann, Washington, D. C., entered an appearance for intervenor UGI Corp.
Arnold Fieldman, Washington, D. C., entered an appearance for intervenors Pennsylvania Gas and Water Co. and Chattanooga Gas Co.
Patrick Zailckas-Kremers, Houston, Tex., entered an appearance for intervenor El Paso Algeria Corp.
Lewis Carroll, Birmingham, Ala., Gordon M. Grant and Monte R. Edwards, Washington, D. C., entered appearances for intervenor Washington Gas Light Co.
George L. Weber, Washington, D. C., entered an appearance for intervenor Consolidated System LNG Co.
Richard M. Merriman and Robert S. Waters, Washington, D. C., entered appearances for intervenor Dayton Power and Light Co.
Harold L. Talisman, Washington, D. C., and A. S. Lacy, Birmingham, Ala., entered appearances for intervenor Alabama Gas Corp.
James J. Mayer, Cincinnati, Ohio, entered an appearance for intervenor Cincinnati Gas and Electric Co.
John E. Holtzinger, Jr., Washington, D. C., entered an appearance for intervenor Atlanta Gas Light Co.
Before MacKINNON, WILKEY and WALD, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
Petitioners in these consolidated cases challenge an order issued by the Economic Regulatory Administration (ERA) of the Department of Energy (DOE) amending a prior authorization to import liquified natural gas (LNG) from Algeria. In granting the authorization the ERA approved renegotiated price terms which amended an existing long-term supply contract by greatly increasing the base...
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