PUBLIC SERVICE COM'N OF STATE OF N. Y. v. F. E. R. C.

No. 81-2129.

680 F.2d 252 (1982)

PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Columbia Gas Transmission Corporation, Arkansas Louisiana Gas Company, Ozark Gas Transmission System, People's Counsel of Maryland, Tennessee Gas Pipe Line Company, East Tennessee Natural Gas Company, Midwestern Gas Transmission Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 1982.


Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D. C., with whom David D'Alessandro, Washington, D. C., was on the brief, for petitioner. Dennis Lane, Washington, D. C., also entered an appearance for petitioner.

Joanne Leveque, Atty., Federal Energy Regulatory Comn., Washington, D. C., with whom Barbara J. Weller, Deputy Sol., Federal Energy Regulatory Comn., Washington, D. C., was on the brief, for respondent.

Jeron Stevens, Houston, Tex., with whom Scott E. Rozzell, Houston, Tex., was on the brief, for intervenor, Ozark Gas Transmission System.

John K. Keane, Jr., Baltimore, Md., and Fred Geldon, Washington, D. C., were on the brief, for intervenor, People's Counsel of Md.

Stephen J. Small and Giles D. H. Snyder, Charleston, W. Va., entered appearances for intervenor, Columbia Gas Transmission Corp.

Platt W. Davis, III and Kenneth H. Slade, Washington, D. C., entered appearances for intervenor, Arkansas Louisiana Gas Co.

Harold L. Talisman and James T. McManus, Washington, D. C., entered appearances for intervenors, Tennessee Gas Pipeline Company and East Tennessee Natural Gas Co., et al.

Before WALD, MIKVA and EDWARDS, Circuit Judges.


Opinion PER CURIAM.

PER CURIAM:

The New York Public Service Commission (New York) challenges a decision of the Federal Energy Regulatory Commission (FERC or Commission) to grant a certificate of public convenience and necessity to Ozark Gas Transmission System to operate a new natural gas pipeline, 15 U.S.C. § 717f(c) (Supp. IV 1980). Ozark Gas Transmission System, Opinion No. 125 (July 28, 1981), rehearing denied, Opinion No. 125-A. New...

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