LAKELAND, TALLAHASSEE & GAINESVILLE UTIL. v. FERC

No. 81-5208.

702 F.2d 1302 (1983)

CITIES OF LAKELAND & TALLAHASSEE, & GAINESVILLE REGIONAL UTILITIES v. FEDERAL ENERGY REGULATORY COMMISSION. The LAKE WORTH UTILITIES AUTHORITY and The Utilities Commission of New Smyrna Beach, Florida, v. FEDERAL ENERGY REGULATORY COMMISSION.

United States Court of Appeals, Eleventh Circuit.

April 4, 1983.


Attorney(s) appearing for the Case

David R. Straus, Spiegel & McDiarmid, Joseph Van Eaton, Washington, D.C., for Cities of Lakeland & Tallahassee & Gainesville Regional Utilities.

Charles F. Wheatley, Jr., Don Charles Uthus, James Howard, Wheatley & Wollesen, Washington, D.C., for Lakeworth Utilities Authority and the Utilities Com'n of New Smyrna Beach, Fla.

Auburn L. Mitchell, F.E.R.C., Washington, D.C., for F.E.R.C.

Platt W. Davis, III, Washington, D.C., for Fla. Gas Transmission Co., Peoples Gas System, Inc., Lake Worth Util. and New Smyrna Beach Util. Com'n.

Ned Willis, Perry, Iowa, for Buckeye Cellulose Corp., Gardinier, Inc., Southern Gas, Gainesville Gas, Gulf Natural Gas Co.

Eugene E. Threadgill, Washington, D.C., for Central Fla. Gas Corp.

Before RONEY, TJOFLAT and HATCHETT, Circuit Judges.


TJOFLAT, Circuit Judge:

This is a petition for review1 of a Federal Energy Regulatory Commission decision to implement a curtailment plan2 for natural gas distributed by the Florida Gas Transmission Company (Florida Gas). The petitioners are municipally owned electricity generating companies that use gas as boiler fuel. They ask us to set aside the Commission's curtailment...

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