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TENN. GAS PIPELINE CO., A DIV. OF TENNECO v. F.E.R.C.

No. 83-1925.

736 F.2d 747 (1984)

TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1984.

Attorney(s) appearing for the Case

Kathleen T. Puckett, Houston, Tex., with whom Michael R. Waller, Houston, Tex., Terence J. Collins and Douglas L. Corbett, Washington, D.C., were on the brief, for petitioner.

Arlene Pianko Groner, F.E.R.C., Washington, D.C., with whom Stephen A. Melton, Acting Gen. Counsel, Barbara J. Weller, Deputy Sol., and A. Karen Hill, F.E.R.C., Washington, D.C., were on the brief, for respondent. Joanne Leveque, F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Before GINSBURG, BORK and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In Middle South Energy, Inc., 23 FERC (CCH) ¶ 61,277 (May 24, 1983) (hereafter, Middle South), an adjudicatory proceeding under the Federal Power Act, 16 U.S.C. §§ 791a-825r (1982) (FPA), the Federal Energy Regulatory Commission (Commission or FERC) rendered a novel decision. Rejecting a longstanding position on which a Commission interpretative rule...

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