DISTRIGAS OF MASSACHUSETTS CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Boston Gas Company, Brooklyn Union Gas Company and Bay State Gas Company, et al., Intervenors.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued September 7, 1984.
Decided December 20, 1984.
Rehearings and Rehearing Denied February 1, 1985.
Attorney(s) appearing for the Case
Harold Hestnes, Boston, Mass., with whom Paul F. Saba, John Traficonte, Hale & Dorr, J. Alan MacKay, Boston, Mass., Sherman S. Poland, Ross, Marsh & Foster, Washington, D.C., were on brief, for petitioner.
L. William Law, Jr., Boston, Mass., with whom Jennifer L. Miller, Boston, Mass., was on brief, for Boston Gas Co., intervenor.
Michael W. Hall, Washington, D.C., with whom Gary E. Guy, Washington, D.C., and Cullen & Dykman, Brooklyn, N.Y., were on brief, for Brooklyn Union Gas Co., intervenor.
Joshua Z. Rokach, Washington, D.C., with whom William H. Satterfield, Gen. Counsel and Jerome M. Feit, Sol., Washington, D.C., were on brief, for respondent.
Before BOWNES and BREYER, Circuit Judges, and SELYA, District Judge.
United States Court of Appeals, First Circuit.
Rehearings and Rehearing En Banc Denied February 1, 1985.
BREYER, Circuit Judge.
This case concerns the lawfulness of a refund obligation that the Federal Energy Regulatory Commission ("FERC") has imposed upon a regulated natural gas utility, Distrigas of Massachusetts Corp. (also known as "DOMAC"), under § 4 of the Natural Gas Act, 15 U.S.C. § 717c. Essentially, the refund is supposed to represent the amount...
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