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

Nos. 84-1358 to 84-1360, 84-1364, 84-1407, 84-1408, 84-1413 to 84-1418, 84-1433, 84-1434, 84-1441, 84-1446, 84-1463, 84-1470, 84-1474, 84-1487, 84-1489, 84-1490, 84-1556, 84-1580, 84-1623 and 85-1015.

758 F.2d 669 (1985)

WISCONSIN GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. ANR PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. GREAT LAKES GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. MIDWESTERN GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. CITY GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. MADISON GAS & ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. WISCONSIN FUEL & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. WISCONSIN NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. WISCONSIN POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. WISCONSIN PUBLIC SERVICE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, et al., Intervenors. PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, [VV] v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Gas Utilities Company, State of Michigan, et al., Michigan Consolidated Gas Company, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Intervenors. TRUNKLINE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Gas Utilities Company, State of Michigan, et al., Michigan Consolidated Gas Company, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Intervenors. MIGC, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Intervenors. TEXAS EASTERN TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Intervenors. ARKANSAS LOUISIANA GAS COMPANY, A DIVISION OF ARKLA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pan-Alberta Gas Ltd., et al., Consumers Power Company, Michigan Consolidated Gas Company, Intervenors. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pan-Alberta Gas Ltd., et al., Public Service Commission of the State of New York, Public Service Electric and Gas Company, Kansas State Corporation Commission, Consolidated Gas Transmission Corporation, Washington Gas Light Company, Intervenors. ALGONQUIN GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pan-Alberta Gas Ltd., et al., Consumers Power Company, Michigan Consolidated Gas Company, Northern Illinois Gas Company, Intervenors. TEXAS GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Northern Illinois Gas Company, Natural Gas Pipeline Company of America, Intervenors. PACIFIC INTERSTATE OFFSHORE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Northern Illinois Gas Company, Michigan Consolidated Gas Company, Pacific Lighting Gas Supply Company, et al., Pan-Alberta Gas Ltd., et al., Intervenors. CASCADE NATURAL GAS CORPORATION, Northwest Natural Gas Company, Washington Natural Gas Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Consumers Power Company, Pan-Alberta Gas Ltd., et al., Northern Illinois Gas Company, Michigan Consolidated Gas Company, Intervenors. ARKANSAS LOUISIANA GAS CO., A DIVISION OF ARKLA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas and Electric Company, et al., Intervenors. TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pan-Alberta Gas Ltd., et al., Intervenors. MIGC, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ARKANSAS LOUISIANA GAS COMPANY, A DIVISION OF ARKLA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Opinion March 29, 1985.


Attorney(s) appearing for the Case

Platt W. Davis, III, Washington, D.C., was on motion for partial stay filed by petitioner Ark. La. Gas Co.

David L. Huard, Norman A. Pedersen, Los Angeles, Cal., and Roger B. Coven, Washington, D.C., were on motion for stay filed by petitioner MIGC, Inc.

Bolivar C. Andrews, Cheryl Foley, James W. McCartney, Judy M. Johnson, Houston, Tex., and David T. Andril, Washington, D.C., were on motion for partial stay filed by petitioner Transwestern Pipeline Co.

Barbara J. Weller, Deputy Sol. and A. Karen Hill, Atty., F.E.R.C., Washington, D.C., were on response of F.E.R.C. in opposition to motions for stay.

Before WRIGHT, MIKVA and BORK, Circuit Judges.


Opinion Per Curiam.

PER CURIAM.

The petitioners, MIGC, Inc. ("MIGC"), Arkansas Louisiana Gas Company ("Arkla"), and Transwestern Pipeline Company ("Transwestern"), have moved this court to stay the operation and effect of three orders issued by the Federal Energy Regulatory Commission (the "Commission"). This court denied the motions for stay by an order dated December 18, 1984.1 Petitioners have made allegations of irreparable...

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