ASSOCIATION OF BUSINESSES ADVOCATING TARIFF EQUITY and Process Gas Consumers Group, Petitioners,
v.
Rayburn HANZLIK, Administrator, Economic Regulatory Administration and Donald Paul Hodel, Secretary, United States Department of Energy, Respondents.
GENERAL SERVICES CUSTOMER GROUP, et al., Petitioners,
v.
Rayburn HANZLIK, Administrator, Economic Regulatory Administration and Donald Paul Hodel, Secretary, United States Department of Energy, Respondents,
Lachmar, Indiana Gas Company, Inc., Trunkline LNG Company, Association of Businesses Advocating Tariff Equity, Intervenors.
TRUNKLINE LNG COMPANY, Petitioner,
v.
Rayburn HANZLIK, Administrator, Economic Regulatory Administration and Donald Paul Hodel, Secretary, United States Department of Energy, Respondents,
Lacmar, General Service Customer Group, et al., Indiana Gas Company, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 26, 1985.
Decided December 20, 1985.
Attorney(s) appearing for the Case
Raymond N. Shibley, with whom Michael F. McBride, Washington, D.C., was on brief for Trunkline LNG Co., petitioner in No. 84-1653 and intervenor in No. 84-1652.
W. Warfield Ross, with whom Toni K. Allen, Daniel L. Koffsky, John R. Schaefgen, Jr., Stephen L. Huntoon, Edward J. Grenier, Richard P. Noland, Robert W. Clark, III, Washington, D.C., Louis J. Caruso, Don L. Keskey, R. Philip Brown, Lansing, Mich., Jeffrey M. Petrash, James H. Holt, Washington, D.C., Thomas J. Russell, James Weging, Chicago, Ill., and Donald A. Low, Topeka, Kan., were on joint brief for Consumers Power Co., et al., petitioners in Nos. 84-1651 and 85-1652.
Thomas H. Kemp, Washington, D.C., with whom Catherine C. Cook and Merrill F. Hathaway, Washington, D.C., were on brief for respondents in Nos. 84-1651, 84-1652 and 84-1653.
Mary Baluss, with whom Alan Steele-Nicholson, Washington, D.C., was on brief for Lachmar, intervenor in Nos. 84-1652 and 84-1653. George B. Mickum, III and Edmund W. Burke, Washington, D.C., also entered appearances for Lachmar in Nos. 84-1652 and 84-1653.
J. Richard Tiano, Washington, D.C., and Daniel W. McGill, Indianapolis, Ind., entered appearances for Indiana Gas Co., intervenor in Nos. 84-1652 and 84-1653.
Before GINSBURG, SCALIA and STARR, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
STARR, Circuit Judge.
Not so long ago, this Nation was in the throes of an acute shortage of natural gas. The shortages of the past decade, spawning such litigation-generating measures as curtailment plans, have since given way to the surpluses of the present decade. It is in this rapid transformation of the energy landscape that this case had its genesis.
With the onset of natural gas shortages,...
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