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MIDWESTERN GAS TRANSMISSION CO. v. F.E.R.C.

No. 83-1028.

734 F.2d 828 (1984)

MIDWESTERN GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern Indiana Public Service Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 11, 1984.

Attorney(s) appearing for the Case

Michael J. McDanold, Washington, D.C. with whom Dale A. Wright and Terence J. Collins, Washington, D.C., were on the brief, for petitioner.

Robert F. Shapiro, Attorney, Federal Energy Regulatory Commission, Washington, D.C., with whom Stephen R. Melton, Acting General Counsel, and Barbara J. Weller, Deputy Solicitor, Federal Energy Regulatory Commission, Washington, D.C., were on the brief, for respondent.

Peter L. Hatton, Washington, D.C., entered an appearance for intervenor.

Before WALD, EDWARDS and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Midwestern Gas Transmission Company petitions for review of orders issued by the Federal Energy Regulatory Commission. The Commission required Midwestern to credit revenues earned from performing short-term transportation services to its unrecovered purchased gas cost account. The effect of that crediting is to reduce Midwestern's rates.

The dispute turns upon the interpretation...

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