SOUTHERN UNION GAS CO. v. F.E.R.C.

Nos. 81-2032, 81-2164.

725 F.2d 99 (1984)

SOUTHERN UNION GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 15, 1984.


Attorney(s) appearing for the Case

James S.D. Eisenhower, III of McGee & Ketcham, P.C., Washington, D.C. (Robert J. Haggerty and Cameron R. Graham of McGee & Ketcham, P.C., Washington, D.C., Robert A. Rima and Robert B. Rice, Austin, Tex., with him on the brief), for petitioner.

Joseph S. Davies, Jr., Atty., F.E.R.C., Washington, D.C. (Charles A. Moore, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., with him on the brief), for respondent.

Before SETH, Chief Judge, and McWILLIAMS and DOYLE, Circuit Judges.


SETH, Chief Judge.

The principal supplier of natural gas to Southern Union, which was a distributor in the Oklahoma panhandle, was Western Gas Interstate (a wholly owned subsidiary of Southern Union). Additional gas was supplied by local producers, by Cities Service Gas Company, and by Northern Natural Gas Company. The purchases from Cities were under Rate Schedule IRG-1 of Cities' FERC tariff and from Northern under its X-46. Southern Union was not a certificate...

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