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COLUMBIA GAS TRANSMISSION CORP. v. F.E.R.C.

No. 83-2193.

750 F.2d 105 (1984)

COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United Gas Pipe Line Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 1984.

Attorney(s) appearing for the Case

Stephen J. Small, Charleston, W. Va., with whom Amos W. Perrine and Giles D.H. Snyder, Charleston, W. Va., were on the brief, for petitioner.

John H. Conway, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., and Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Irving Jacob Golub, Houston, Tex., with whom Phillip D. Endom, Houston, Tex., was on the brief, for intervenor, United Gas Pipe Line Co.

Before GINSBURG and STARR, Circuit Judges, and JACKSON, District Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case raises questions with respect to the authority of the Federal Energy Regulatory Commission (Commission) to fashion remedies in the setting of "paybacks" of natural gas by one interstate pipeline to another.

I

The history of this case is complex and detailed, going back to 1958 when United Gas Pipe Line Company (United), the intervenor in this proceeding, contracted...

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