MARYLAND PEOPLE'S COUNSEL v. F.E.R.C.

No. 84-1019.

761 F.2d 768 (1985)

MARYLAND PEOPLE'S COUNSEL, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of the State of New York, Washington Gas Light Company, Pennsylvania Gas and Water Company, Baltimore Gas and Electric Company, UGI Corporation, Columbia Gas Transmission Corporation, et al., Process Gas Consumers Group, Public Service Commission of West Virginia, City of Charlottesville, Virginia, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1985.


Attorney(s) appearing for the Case

Carmen D. Legato, Washington, D.C., with whom John K. Keane, Jr. and Thomas C. Gorak, Baltimore, Md., were on brief, for petitioner.

Joanne Leveque, Atty. F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Solicitor, F.E.R.C., were on brief, for respondent. Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., entered an appearance for respondent.

Stephen J. Small, Charleston, W.Va., with whom Giles D.H. Snyder, Charleston, W.Va., was on brief, for intervenors Columbia Gas Transmission Corp., et al.

Frank P. Saponaro, Jr. and Jennifer K. Walter, Washington, D.C., were on brief, for intervenor UGI Corp.

Frederick Moring, Jennifer N. Waters, Washington, D.C., Hodges B. Childs and Charles A. Herndon, Jr., Baltimore, Md., were on brief, for intervenor Baltimore Gas and Elec. Co.

Edward J. Grenier, Jr., William H. Penniman and Richard A. Oliver, Washington, D.C., entered appearances for intervenor Process Gas Consumers Group.

Glenn W. Letham and Channing D. Strother, Jr., Washington, D.C., entered appearances for intervenor Pennsylvania Gas and Water Co.

Richard E. Hitt entered an appearance for intervenor Public Service Com'n of West Virginia.

Stanley W. Balis, Washington, D.C., entered an appearance for intervenor City of Charlottesville, Va.

Richard A. Solomon and David D'Alessandro, Washington, D.C., entered appearances for intervenor Public Service Com'n of the State of N.Y.

Lewis Carroll, Washington, D.C., entered an appearance for intervenor Washington Gas Light Co.

Before MIKVA, GINSBURG and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This is a challenge to the Federal Energy Regulatory Commission's approval of what it described as an "experimental increase in [natural gas] pipeline competition." That increase was to be achieved by agreement of a pipeline and its producers to amend the high-priced gas purchase contracts entered into between them in earlier years, so as to permit the producers to sell the committed...

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