PUBLIC SERV. COM'N v. ECONOMIC REGULATORY ADMIN.

Nos. 84-1372, 84-1373.

777 F.2d 31 (1985)

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA, Petitioner, v. ECONOMIC REGULATORY ADMINISTRATION, UNITED STATES DEPARTMENT OF ENERGY, Respondent, Southern Natural Gas Company, et al., Consolidated System LNG Company, Columbia LNG Corporation, Columbia Gas Transmission Corporation, Intervenors. CONSUMER FEDERATION OF AMERICA and Consumer Energy Council of America, Petitioners, v. ECONOMIC REGULATORY ADMINISTRATION, UNITED STATES DEPARTMENT OF ENERGY, Respondent, Southern Natural Gas Company, et al., Consolidated System LNG Company, Columbia LNG Corporation, Columbia Gas Transmission Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 22, 1985.


Attorney(s) appearing for the Case

Morton L. Simons, Washington, D.C., with whom Charles E. Hill, Washington, D.C., was on the brief for petitioners in No. 84-1373.

Richard E. Hitt was on the brief for petitioners in No. 84-1372.

Thomas H. Kemp, Atty., Dept. of Energy, Washington, D.C., with whom Arthur S. Weissbrodt, Atty., Dept. of Energy was on the brief for respondent in Nos. 84-1372 and 84-1373. Catherine C. Cook, Atty., Dept. of Energy, Washington, D.C., also entered an appearance for respondent in Nos. 84-1372 and 84-1373.

James J. Flood, Jr., Washington, D.C., with whom William A. Major, Jr. and Patrick B. Pope, Birmingham, Ala., were on the brief for intervenors, Southern Natural Gas Company, et al. in Nos. 84-1372 and 84-1373.

Charles R. Brown, Mark G. Magnuson, James L. Blasiak, and John E. Holtzinger, Jr., Washington, D.C., were on the brief for intervenor, Consolidated System LNG Company in Nos. 84-1372 and 84-1373.

Hart T. Mankin, L. Michael Bridges, and Earl L. Fisher, Jr., Wilmington, Del., were on the brief for intervenor, Columbia LNG Corporation, in Nos. 84-1372 and 84-1373.

Glen L. Kettering, Charleston, W.V., entered an appearance for intervenor, Columbia Gas Transmission Corporation in Nos. 84-1372 and 84-1373.

Before ROBINSON, Chief Judge, MIKVA and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

This case concerning Algerian liquified natural gas (LNG) and the refund discretion of the Economic Regulatory Administration (ERA) has returned to us after a remand; we now write a closing chapter. In West Virginia Public Services Commission v. United States Department of Energy, 681 F.2d 847 (D.C.Cir.1982) (West Virginia PSC), we...

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