MISSISSIPPI RIVER TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mobile Gas Service Corporation, Mississippi Valley Gas Company, Clark-Mobile Counties Gas District, Louisiana Gas Service Company, Entex, Inc., United Gas Pipe Line Company, Atlanta Gas Light Company, Southern Natural Gas Company, Texas Eastern Transmission Corporation, Missouri Public Service Commission, Intervenors.
LACLEDE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 25, 1985.
Decided April 19, 1985.
Attorney(s) appearing for the Case
Roy R. Robertson, Jr., Birmingham, Ala., with whom Paul E. Goldstein, Chicago, Ill., was on brief, for petitioner Mississippi River Transmission Corp. in No. 84-1046.
Kenneth J. Neises, Washington, D.C., was on brief, for petitioner Laclede Gas Co. in No. 84-1049.
Joseph S. Davies, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol. and Michael E. Small, Atty., F.E.R.C. Washington, D.C. were on brief, for respondents in Nos. 84-1046 and 84-1049.
Irving Jacob Golub, Washington, D.C., with whom Phillip D. Endom, Houston, Tex., was on brief, for intervenor United Gas Pipe Line Co. in No. 84-1046.
Michael J. Manning, Patrick J. Keeley and James F. Moriarty, Washington, D.C. were on brief, for intervenors Entex, Inc., et al. in No. 84-1046.
John M. Kuykendall, Jr., Jackson, Miss., and J. Michael Marcoux, Washington, D.C. were on brief, for intervenors Mobile Gas Service Corp., et al. in No. 84-1046.
John E. Holtzinger, Jr., John T. Stough, Jr. and Robert I. White, Washington, D.C. entered appearances for intervenor Atlanta Gas Light Co. in No. 84-1046.
Cheryl M. Foley, Houston, Tex., entered an appearance for intervenor Texas Eastern Transmission Corp. in No. 84-1046.
James J. Cleary, Birmingham, Ala., and James J. Flood, Park Ridge, Ill., entered appearances for intervenor Southern Natural Gas Co. in No. 84-1046.
Eric A. Eisen, Washington, D.C. entered an appearance for intervenor Missouri Public Service Com'n in No. 84-1046.
Before ROBINSON, Chief Judge, and TAMM and WALD, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
The petitioners in these consolidated cases seek review of a Federal Energy Regulatory Commission ("FERC" or "the Commission") order authorizing United Gas Pipe Line Company ("United") to impose a so-called minimum commodity bill on one class of its customers. The minimum bill requires United's pipeline customers to pay a penalty if they do not purchase a minimum quantity of gas from United...
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