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LACLEDE GAS CO. v. F.E.R.C.

No. 83-4227.

722 F.2d 272 (1984)

LACLEDE GAS COMPANY and United Gas Pipe Line Co., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

January 13, 1984.

Attorney(s) appearing for the Case

Zuckert, Scoutt, Rasenberger & Delaney, Marvin S. Lieberman, William H. Callaway, Jr., Washington, D.C., for Laclede Gas Co.

Irving Jacob Golub, Cecil W. Talley, Houston, Tex., for United Gas Pipe Line Co.

Federal Energy Reg. Comm., Joanne Leveque, Washington, D.C., for Federal Energy Regulatory Commission.

Robert W. Kneisley, Richard A. Solomon, David D'Alessandro, Washington, D.C., for the Public Service Commission of the State of New York.

Gary E. Guy, Washington, D.C., for Elizabethtown Gas Co. and the Brooklyn Union Gas Co.

David B. Robinson, Washington, D.C., for State of Louisiana.

Robert W. Clark, Washington, D.C., for the Process Gas Consumers Group, the American Iron and Steel Institute, and the Georgia Industrial Gas Group.

Christopher T. Boland, William A. Williams, Washington, D.C., for Texas Gas Transmission Corp.

Before CLARK, Chief Judge, THORNBERRY and HIGGINBOTHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

The question presented in this case is whether United Gas Pipe Line Company ("United") may "roll-in" to all of its sales the cost of natural gas purchased under Sections 311(b) and 312 ("Sections 311 and 312") of the Natural Gas Policy Act of 1978 ("NGPA"), 15 U.S.C. §§ 3371(b), 3372. Because we agree with the Federal Energy Regulatory Commission ("FERC" or "the Commission") that rolled-in pricing of Sections 311 and 312 gas is...

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