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CENTRAL FLORIDA GAS v. FEDERAL ENERGY REG. COM'N

No. 81-5419.

678 F.2d 932 (1982)

CENTRAL FLORIDA GAS CORPORATION, Petitioner-Appellant, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 14, 1982.

Attorney(s) appearing for the Case

Eugene E. Threadgill, Connole & O'Connell, Washington, D. C., for petitioner-appellant Central Florida Gas Corp.

Andrea Wolfman, Solicitor's Office, F.E.R.C., Washington, D. C., for respondent-appellee Federal Energy Regulatory Commission.

Before RONEY, TJOFLAT and HATCHETT, Circuit Judges.

RONEY, Circuit Judge:

Central Florida Gas Corporation (CFG) appeals the denial by the Federal Energy Regulatory Commission of relief from penalties incurred when CFG exceeded the annual volumetric limitation imposed by a Commission order. CFG contends that the Commission's refusal to waive the overrun penalties was arbitrary because CFG was as deserving of extraordinary relief as others who have been granted relief. The facts do not fit the argument. We affirm.

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