PANHANDLE EASTERN PIPE LINE CO. v. F.E.R.C.

Nos. 84-1297, 84-1468.

777 F.2d 739 (1985)

PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Gas Company, Inc., Central Illinois Light Company, Associated Natural Gas Company, et al., Intervenors. PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Associated Natural Gas Company, et al., Michigan Consolidated Gas Company, Michigan Gas Storage Company, Indiana Gas Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1985.


Attorney(s) appearing for the Case

Raymond N. Shibley, with whom Patrick J. Whittle was on brief for petitioner in Nos. 84-1297 and 84-1468.

Joseph S. Davies, Attorney, Federal Energy Regulatory Commission, with whom William H. Satterfield, General Counsel, Jerome M. Feit, Solicitor, and Leslie J. Lowner, Attorney, Federal Energy Regulatory Commission were on the brief for respondent in Nos. 84-1297 and 84-1468. Barbara Weller, Attorney, Federal Energy Regulatory Commission, Washington, D.C., also entered an appearance for respondent in No. 84-1297.

John R. Schaefgen, Jr., with whom Stephen L. Huntoon was on the brief for intervenor Associated Natural Gas Company, et al. in Nos. 84-1297 and 84-1468. Richard M. Merriman, Washington, D.C., also entered an appearance for intervenor Associated Nat. Gas Co., et al. in No. 84-1468.

George A. Avery and Daniel L. Koffsky, Washington, D.C., were on brief for intervenor Michigan Gas Storage Co. in No. 84-1468.

Jeffrey M. Petrash, Detroit, Mich., and James H. Holt, Washington, D.C., were on brief for intervenor Michigan Consolidated Gas Co. in No. 84-1468.

J. Richard Tiano, Washington, D.C., Kenneth T. Rynne and Daniel W. McGill, Indianapolis, Ind., were on brief for intervenor Indiana Gas Co., Inc. in Nos. 84-1297 and 84-1468.

Before J. SKELLY WRIGHT, MIKVA and GINSBURG, Circuit Judges.


GINSBURG, Circuit Judge:

Two Federal Energy Regulatory Commission (Commission or FERC) orders are before us for review; both orders deny petitioner, Panhandle Eastern Pipe Line Company (Panhandle), recovery of carrying charges for unrecovered gas costs in its Account No. 191.1 The two orders represent the Commission's attempt to halt the rapid growth of already enormous sums in petitioner's deferred account — sums that Panhandle...

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