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DISTRIGAS OF MASSACHUSETTS CORP. v. F.E.R.C.

Nos. 83-1633, 83-1728 and 83-1777.

737 F.2d 1208 (1984)

DISTRIGAS OF MASSACHUSETTS CORPORATION and Distrigas Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Boston Gas Company, et al., Intervenors. DISTRIGAS OF MASSACHUSETTS CORPORATION and Distrigas Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Boston Gas Company, Intervenor. BOSTON GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Bay State Gas Company, et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Harold Hestnes, Boston, Mass., with whom Paul F. Saba, Kim E. Rosenfield, Hale and Dorr, J. Alan MacKay, Boston, Mass., Sherman S. Poland and Ross, Marsh & Foster, Washington, D.C., were on brief, for Distrigas of Mass. Corp. and Distrigas Corp.

L. William Law, Jr., Boston, Mass., with whom Jennifer L. Miller, Boston, Mass., was on brief, for Boston Gas Co.

Michael W. Hall, Gary E. Guy, Cullen & Dykman, John W. Glendening, Jr., and Glendening & Schmid, Washington, D.C., on brief for intervenors, the Brooklyn Union Gas Co. and Bay State Gas Co., et al.

Joshua Z. Rokach, Atty., Washington, D.C., with whom Stephen R. Melton, Acting Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on brief, for respondent.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIERBOLINI, District Judge.

BREYER, Circuit Judge.

Distrigas Corporation, a subsidiary of the Cabot Corporation, imports liquefied natural gas (LNG) from Algeria. It sells the LNG to Distrigas of Massachusetts Corp. (DOMAC), another Cabot subsidiary, which pumps it through a terminal, stores it, and resells it to Boston Gas Company and other customers. In September 1976 the Federal Energy Regulatory Commission (then called the Federal Power Commission) determined, contrary to its prior view...

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