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IOWA ST. COMMERCE COM'N v. OFFICE OF FEDERAL INSPECTOR

No. 83-2156.

730 F.2d 1566 (1984)

IOWA STATE COMMERCE COMMISSION, Petitioner v. OFFICE OF the FEDERAL INSPECTOR OF the ALASKA NATURAL GAS TRANSPORTATION SYSTEM and United States of America, Respondents, Northern Border Pipeline Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Judgement Filed February 1, 1984.

Opinion Filed April 6, 1984.

Attorney(s) appearing for the Case

Diane L. McIntire, Washington, D.C., for petitioner.

Rhodell G. Fields, Acting Gen. Counsel, Washington, D.C., Office of the Federal Inspector of the Alaska Natural Gas Transp. System, et al., for respondents.

Ronald Johnson, Washington, D.C., with whom Rush Moody, Jr. and William J. Grealis, Washington, D.C., were on the brief, for intervenor.

Before WALD and MIKVA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge for the United States Court of Appeals for the Third Circuit.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge MIKVA.

WALD, Circuit Judge:

Petitioner, the Iowa State Commerce Commission (ISCC), seeks review of two final orders of the Office of the Federal Inspector (OFI) of the Alaska Natural Gas Transportation System (ANGTS) concerning inclusion of expenditures in the rate base of Northern Border Pipeline Co., the operator of the eastern leg of ANGTS. Specifically...

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