STATE OF N.C. v. F.E.R.C.

No. 81-1225.

730 F.2d 790 (1984)

STATE of NORTH CAROLINA and North Carolina Utilities Commission, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, South Jersey Gas Company, Public Service Electric & Gas Company, Transcontinental Gas Pipe Line Corporation, Brooklyn Union Gas Company, Public Service Commission of the State of New York, City of Danville, Virginia, Long Island Lighting Company, CF Industries, Inc. & Farmers Chemical Association, Inc., Philadelphia Gas Works, Eastern Shore Natural Gas Company, Public Service Company of the State of North Carolina, Inc. and North Carolina Gas Corporation, Piedmont Natural Gas Company, Inc., General Motors Corporation, Washington Gas Light Company, Commonwealth Gas Pipeline Corporation, Elizabethtown Gas Company, Philadelphia Electric Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1984.


Attorney(s) appearing for the Case

Morton L. Simons, Washington, D.C., with whom Barbara M. Simons, Washington, D.C., was on the brief for petitioners.

Joel Cockrell, Attorney, Federal Energy Regulatory Commission, Washington, D.C., with whom Charles A. Moore, General Counsel and Jerome M. Feit, Sol., Federal Energy Regulatory Commission, Washington, D.C., were on the brief for respondent. Auburn L. Mitchell and Jerome Nelson, Attorneys, Federal Energy Regulatory Commission, Washington, D.C., also entered appearances for respondent.

Richard A. Solomon, Washington, D.C., for intervenor, The Public Service Commission of the State of New York. Peter H. Schiff also entered an appearance for Public Service Commission of the State of New York.

Robert C. Richards, Mineola, N.Y., was on the brief for intervenor, Long Island Lighting Company.

James R. Lacey, Newark, N.J., was on the brief for intervenor, Public Service Electric and Gas Company.

Joseph P. Stevens, Alvin Adelman and M. Margaret Fabic, Brooklyn, N.Y., for The Brooklyn Union Gas Company and Lewis Carroll and Gordon M. Grant for Washington Gas Light Company were on the joint brief for intervenors.

Thomas F. Ryan, Jr. and Robert G. Hardy, Washington, D.C., were on the brief for intervenor, Transcontinental Gas Pipe Line Corporation.

Joseph R. Davison, Philadelphia, Pa., was on the brief for intervenor, Philadelphia Gas Works.

Joseph M. Oliver, Jr., Washington, D.C., entered an appearance for intervenor, South Jersey Gas Company.

Stephen A. Herman, Newark, N.J., entered an appearance for intervenors, CF Industries, Inc., et al.

Northcutt Ely and Frederick H. Ritts, Washington, D.C., entered appearances for intervenor, City of Danville, Virginia.

Stephen H. Watts, II, Richmond, Va., entered an appearance for intervenor, Commonwealth Gas Pipeline Corporation.

John T. Miller, Jr., Washington, D.C., entered an appearance for intervenor, Elizabethtown Gas Company.

Herbert J. Martin, Washington, D.C., entered an appearance for intervenor, Eastern Shore Natural Gas Company.

Gregory Grady and Barbara J. Klein, Washington, D.C., entered appearances for intervenor, Public Service Company of North Carolina, Inc., et al.

Edward J. Grenier, Jr., Richard P. Noland, Richard A. Oliver, Washington, D.C., and Julius Jay Hollis, Detroit, Mich., entered appearances for intervenor, General Motors Corporation.

Eugene J. Bradley, Philadelphia, Pa., entered an appearance for intervenor, Philadelphia Electric Company.

Before EDWARDS and SCALIA, Circuit Judges, and WILLIAMS, Senior District Judge for the United States District Court for the Central District of California.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

The State of North Carolina and the North Carolina Utilities Commission petition under 15 U.S.C. § 717r(b) (1982) for review of a Federal Energy Regulatory Commission order determining whether customers of the Transcontinental Gas Pipe Line Corporation are entitled to be paid compensation in conjunction with a series of curtailment plans reducing their allocations of natural gas...

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