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PROCESS GAS CONSUMERS GROUP v. F.E.R.C.

No. 82-1999.

712 F.2d 483 (1983)

The PROCESS GAS CONSUMERS GROUP, and the Georgia Industrial Group, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Fertilizer Institute, Biscuit and Cracker Manufacturers' Association, National Council of Farmer Cooperatives, Eli Lilly and Company, Glass Packaging Institute, Great Western Sugar Company, American Paper Institute, Inc., National Food Processors Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1983.

Attorney(s) appearing for the Case

Edward J. Grenier, Jr., Washington, D.C., with whom Richard P. Noland, Robert R. Morrow and David A. Gross, Washington, D.C., were on the brief, for petitioner.

Joanne Leveque, Atty., F.E.R.C., Washington, D.C., with whom Charles A. Moore, Gen. Counsel, and Barbara J. Weller, Deputy Sol., Washington, D.C., were on the brief, for respondent.

Stephen A. Herman, Washington, D.C., with whom Melvin Richter, Donald A. Frederick, Nicholas W. Fels and Keith R. McCrea, Washington, D.C., were on the brief, for agricultural intervenors. Joseph M. Creed, Thomas E. Mitchell and James L. Trump, Washington, D.C., also entered appearances for agricultural intervenors.

Rigdon H. Boykin, New York City, was on the brief for intervenor, American Paper Institute, Inc.

Michael J. Huston and Margaret M. Huff, Indianapolis, Ind., entered appearances for intervenor, Eli Lilly and Co.

Before TAMM and WILKEY, Circuit Judges, and McNICHOLS, Senior District Judge, United States District Court for the District of Idaho.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

This case involves a challenge to a final rule issued by the Federal Energy Regulatory Commission ("FERC" or "the Commission"). The rule defines the extent to which certain agricultural users of natural gas will have priority access to gas in times of shortage. Petitioners are two associations of industrial consumers of natural gas who challenge the rule on a variety of substantive...

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