TRANSWESTERN PIPELINE CO. v. F.E.R.C.

No. 82-2298.

747 F.2d 781 (1984)

TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Intratex Gas Company, Interstate Natural Gas Association of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1984.


Attorney(s) appearing for the Case

Cheryl M. Foley, Houston, Tex., with whom Jack E. Earnest, Houston, Tex., was on the brief, for petitioner.

John H. Cheatham, Washington, D.C., for intervenor, Interstate Natural Gas Ass'n of America.

John H. Conway, Atty., F.E.R.C., Washington, D.C., with whom Stephen R. Melton, Acting Gen. Counsel, and Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent. Andrea Wolfman, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Karol Lyn Newman, Washington, D.C., with whom John E. Holtzinger, Jr., and Jane I. Ryan, Washington, D.C., were on the brief for intervenor, Intratex Gas Co.

Before MIKVA and SCALIA, Circuit Judges, and RICHEY, District Judge of the United States District Court for the District of Columbia.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Transwestern Pipeline Company petitions this court to set aside a declaratory order of the Federal Energy Regulatory Commission which granted Intervenor Intratex Gas Company permission to engage in a proposed gas exchange agreement without becoming subject to the jurisdiction of the Commission. In our view, the only issue presented is the proper interpretation of the order.

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