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MONTANA-DAKOTA UTILITIES CO. v. F.E.R.C.

No. 84-1153.

739 F.2d 376 (1984)

MONTANA-DAKOTA UTILITIES CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Colorado Interstate Gas Company, Intervenor, Public Service Company of Colorado, Western Slope Gas Company and Cheyenne Light Fuel and Power Company, Intervenor, MIGC, Inc., Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1984.

Rehearing Denied September 7, 1984.

Attorney(s) appearing for the Case

Robert J. Haggerty, David P. Sutton, Phillip G. Lookadoo, Haggerty & Eisenhower, Washington, D.C., for Montana-Dakota Utilities Co.

William M. Lange, Kim R. Cocklin, Colorado Springs, Colo., for intervenor Colorado Interstate Gas Company.

William H. Satterfield, General Counsel, Jerome M. Feit, Sol., A. Karen Hill, Washington, D.C., for respondent Federal Energy Regulatory Commission.

Before HEANEY and FAGG, Circuit Judges, and COLLINSON, Senior District Judge.

HEANEY, Circuit Judge.

The Montana-Dakota Utilities Company (MDU), seeks review of a July 23, 1983, order of the Federal Energy Regulatory Commission (Commission) refusing to modify its February 19, 1982, order issuing a certificate of public convenience and necessity to MDU and the Colorado Interstate Gas Company (CIG). MDU sought the modification to require CIG to purchase the maximum volumes of gas authorized under the certificate. We dismiss the petition because...

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