CONSOLIDATED GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Maryland Office of People's Counsel, Columbia LNG Corporation, Public Service Commission of the State of NY, Public Utilities Commission of OH, et al., Columbia Gas Transmission Corporation, Public Service Commission of West Virginia, Intervenors.
NIAGARA MOHAWK POWER CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Maryland Office of People's Counsel, Columbia LNG Corporation, Public Service Commission of the State of NY, Public Utilities Commission of OH, et al., Columbia Gas Transmission Corporation, Public Service Commission of West Virginia, Consolidated System LNG Company, et al., Intervenors.
CONSOLIDATED SYSTEM LNG COMPANY and Consolidated Gas Transmission Corp., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Niagara Mohawk Power Corporation, Maryland Office of People's Counsel, Columbia Gas Transmission Corporation, Intervenors.
COLUMBIA LNG CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Maryland Office of People's Counsel, Consolidated System LNG Company, Columbia Gas Transmission Corporation, Public Service Commission of West Virginia, Cincinnati Gas & Electric Company, et al., Intervenors.
PUBLIC SERVICE COMMISSION of the State of New York, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
State of Ohio, et al., Maryland Office of People's Counsel, Consolidated System LNG Company, Columbia Gas Transmission Corporation, Public Service Commission of West Virginia, Columbia LNG Corporation, Intervenors.
NIAGARA MOHAWK POWER CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Maryland Office of People's Counsel, Consolidated System LNG Company, Columbia Gas Transmission Corporation, Columbia LNG Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 3, 1985.
Decided September 17, 1985.
Attorney(s) appearing for the Case
John E. Holtzinger, Jr., Washington, D.C., with whom Charles R. Brown, Joseph E. Stubbs, and James L. Blasiak, Washington, D.C., were on brief, for Consol. System LNG Co., and Consol. Gas Transmission Corp., petitioners in Nos. 84-1240 and 84-1323 and the joint brief for intervenors in Nos. 84-1256, 84-1324, 84-1328 and 84-1342.
Harry H. Voigt, Washington, D.C., with whom L. Charles Landgraf and Mindy A. Buren, Washington, D.C., were on brief, for Niagara Mohawk, petitioner in Nos. 84-1256 and 84-1342 and intervenor in No. 84-1323.
L. Michael Bridges, Earl L. Fisher, and Hart T. Mankin, Wilmington, Del., were on brief for Columbia LNG Corp., petitioner in No. 84-1324 and the joint brief for Columbia LNG Corp., et al., intervenor in Nos. 84-1240, 84-1256, 84-1328 and 84-1342.
Richard A. Solomon, Washington, D.C., with whom David E. Blabey, Albany, N.Y., was on brief, for Public Service Com'n of New York, petitioner in No. 84-1328 and intervenor in Nos. 84-1240 and 84-1256.
Andrea Wolfman, Atty., F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on brief for respondent in Nos. 84-1240, 84-1256, 84-1323, 84-1324, 84-1328 and 84-1342. Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., entered an appearance for respondent.
Robert S. Tongren and M. Howard Petricoff, Columbus, Ohio, were on brief for State of Ohio and the Public Utilities Com'n of Ohio, intervenors in Nos. 84-1240, 84-1256 and 84-1328.
John K. Keane, Jr. and Thomas C. Gorak, Baltimore, Md., were on brief, for Maryland People's Counsel, intervenor in Nos. 84-1240, 84-1256, 84-1323, 84-1324, 84-1328 and 84-1342.
Richard E. Hitt entered an appearance for Public Service Com'n of West Virginia, intervenor in Nos. 84-1240, 84-1256, 84-1324 and 84-1328.
Glen L. Kettering entered an appearance for Columbia Gas Transmission Corp., intervenor in Nos. 84-1240, 84-1256, 84-1323, 84-1324, 84-1328 and 84-1342.
James J. Mayer, Cincinnati, Ohio, entered an appearance for Cincinnati Gas & Elec. Co., et al., intervenors in No. 84-1324.
Before WALD and STARR, Circuit Judges and PARKER, District Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
Petitioners and intervenors in these consolidated cases challenge various aspects of an opinion by the Federal Energy Regulatory Commission ("FERC" or "Commission") interpreting the minimum bill provision of a tariff for resale of liquefied natural gas ("LNG") imported from Algeria and regasified at a facility in Cove Point, Maryland. The minimum bill provision in each of the tariffs provides...
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