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ASSOCIATED GAS DISTRIBUTORS v. F.E.R.C.

No. 82-1758.

706 F.2d 344 (1983)

ASSOCIATED GAS DISTRIBUTORS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Texas Eastern Transmission Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1983.

Attorney(s) appearing for the Case

Joseph M. Oliver, Jr., Savannah, Ga., for petitioner; Frederick Moring, Jennifer N. Waters and Rochelle M. Gunner, Washington, D.C., were on the brief.

Joanne Leveque, Atty., F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent. Jerome M. Feit, Sol., and Robert F. Shapiro, Atty., F.E.R.C., Washington, D.C., entered appearances for respondent.

Platt Walker Davis, III, Washington, D.C., for intervenor; Jack E. Earnest, Cheryl M. Foley, J. Evans Attwell, Judy M. Johnson and J. Craig Youngblood, Houston, Tex., were on the brief.

Before MIKVA and EDWARDS, Circuit Judges, and SWYGERT, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

The petitioner in this case, Associated Gas Distributors (AGD), intervened in a purchased gas adjustment (PGA) proceeding before respondent, the Federal Energy Regulatory Commission (FERC or Commission), brought by Texas Eastern Transmission Corporation (Texas Eastern), a major interstate natural gas pipeline company. AGD contends that as a customer of Texas Eastern it has a statutory...

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