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NORTH PENN GAS CO. v. F.E.R.C.

No. 82-3212.

707 F.2d 763 (1983)

NORTH PENN GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of the State of New York, Consolidated Gas Supply Corporation, Corning Natural Gas Corporation, New York State Electric & Gas Corporation, Intervenors.

United States Court of Appeals, Third Circuit.

Decided May 13, 1983.

Attorney(s) appearing for the Case

Reuben Goldberg (argued), Goldberg, Fieldman & Letham, P.C., Washington, D.C., for petitioner.

Joel Cockrell (argued), Charles A. Moore, Gen. Counsel, Jerome M. Feit, Sol., F.E. R.C., Washington, D.C., for respondent.

Dennis Lane (argued), Richard A. Solomon, Wilner & Scheiner, Washington, D.C., David E. Blabey, Gen. Counsel, Public Service Com'n of the State of N.Y., Albany, N.Y., for intervenor, Public Service Com'n of the State of N.Y.

William J. Cronin, Huber, Lawrence & Abell, New York City, for intervenor, N.Y. State Elec. & Gas Corp.

John T. Stough, Jr., Morgan, Lewis & Bockius, Washington, D.C., for intervenor, Consol. Gas Supply Corp.

Francis H. Caskin, Morley, Caskin & Generelly, Washington, D.C., for intervenor, Corning Natural Gas Corp.

Before SEITZ, Chief Judge, and WEIS and BECKER, Circuit Judges.

OPINION OF THE COURT.

WEIS, Circuit Judge.

In arriving at the fair rate a natural gas company may charge its customers, the value of the product in its inventory is a significant factor. In this petition for review, a pipeline company contends that its current higher costs for gas should be used to determine the value of its "stockpile." The Federal Energy Regulatory Commission determined that the original cost of the gas should be used instead, and ordered...

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