INTERSTATE NATURAL GAS ASS'N OF AM. v. F.E.R.C.

Nos. 81-1680, 81-1690 — 81-1692, 81-1696, 81-1802, 82-1004 and 82-1177.

756 F.2d 166 (1985)

INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mobil Oil Corporation, et al., General American Oil Company of Texas, Phillips Petroleum Company, Pennzoil Company, Mississippi River Transmission Corp., Shell Oil Company, Exxon Corporation, Laclede Gas Company, Getty Oil Company, Louisiana Land & Exploration Company, Associated Gas Distributors, Northern Natural Gas Company, Texas Gas Transmission Corporation, Texaco, Inc., Tenneco Oil Company, Houston Oil and Minerals Corporation, Gulf Oil Corporation, Placid Oil Company, Aminoil, USA, Inc., et al., Intervenors. MICHIGAN WISCONSIN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mobil Oil Corporation, et al., Amoco Production Company, General American Oil Company of Texas, Phillips Petroleum Company, Pennzoil Company, Exxon Corporation, Shell Oil Company, Tenneco Oil Company, Union Oil Company of California, Louisiana Land & Exploration Company, Getty Oil Company, Associated Gas Distributors, Laclede Gas Company, Sun Oil Company, Arco Oil & Gas Company, Placid Oil Company, Texaco, Inc., Gulf Oil Corporation, Intervenors. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mobil Oil Corporation, General American Oil Company of Texas, Phillips Petroleum Company, Pennzoil Company, Shell Oil Company, Associated Gas Distributors, Getty Oil Company, Louisiana Land & Exploration Company, Texaco, Inc., Exxon Corporation, Sun Oil Company, Tenneco Oil Company, Houston Oil and Minerals Corporation, Gulf Oil Corporation, Placid Oil Company, Intervenors. NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mobil Oil Corporation, et al., General American Oil Company of Texas, Phillips Petroleum Company, Pennzoil Company, Shell Oil Company, Laclede Gas Company, Associated Gas Distributors, Getty Oil Company, Louisiana Land & Exploration Company, Texaco, Inc., Sun Oil Company, Chevron, USA, Exxon Corporation, Tenneco Oil Company, Houston Oil and Minerals Corporation, Gulf Oil Corporation, Placid Oil Company, Intervenors. LONE STAR GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, General American Oil Company of Texas, Phillips Petroleum Company, Pennzoil Company, Shell Oil Company, Laclede Gas Company, Louisiana Land & Exploration Company, Getty Oil Company, Associated Gas Distributors, Valero Transmission Company, Texaco, Inc., Exxon Corporation, Sun Oil Company, Tenneco Oil Company, Houston Oil and Minerals Corporation, Gulf Oil Corporation, Placid Oil Company, Panhandle Eastern Pipe Line Co., et al., Intervenors. LACLEDE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. LONE STAR GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Exxon Corporation, Conoco Inc., General American Oil Company of Texas, Pennzoil Company, Tenneco Oil Company, Union Oil Co. of California, Getty Oil Company, Aminoil USA, Inc., Gulf Oil Corporation, Texaco, Inc., Mobil Oil Corporation, et al., Houston Oil and Minerals Corporation, Shell Oil Company, Atlantic Richfield Company, Sun Exploration and Production Co., Intervenors. ASSOCIATED GAS DISTRIBUTORS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1985.


Attorney(s) appearing for the Case

Frederick Moring, Washington, D.C., for petitioner, Associated Gas Distributors, on Motion for Order Directing Compliance with Mandate.

Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., for respondent F.E.R.C., with whom Joel M. Cockrell, Atty., F.E.R.C., Washington, D.C., was on response to the Motion for Order Directing Compliance with the Mandate.

John H. Cheatham, III, Washington, D.C., for petitioner, Interstate Natural Gas Ass'n of America, was on response to the Motion for Order Directing Compliance with the Mandate.

Kenneth J. Neises, Washington, D.C., for petitioner, Laclede Gas Co., was on response to the Motion for Order Directing Compliance with Mandate.

J. Paul Douglas, Carroll L. Gilliam, Washington, D.C., and Robert D. Haworth, Houston, Tex., for intervenors, Producers, were on response to the Motion for Order Directing Compliance with Mandate.

L. Charles Landgraf and Raymond N. Shibley, Washington, D.C., for intervenors, Panhandle Eastern Pipe Line Co., et al., were on response to the Motion for Order Directing Compliance with Mandate.

Glen S. Howard and Edward J. Grenier, Jr., Washington, D.C., for intervenors, Process Gas Consumers Group, et al., on Motion for Order Directing Compliance with Mandate.

Robert F. Shapiro, Chevy Chase, Md., and Rigdon H. Boykin, New York City, for intervenor, American Paper Institute, Inc., were on response to the Motion for Order Directing Compliance with Mandate.

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


Opinion for the Court Per Curiam.

Concurring Opinion filed by Circuit Judge SCALIA.

PER CURIAM.

On August 9, 1983, this court issued its opinion in Interstate Natural Gas Association of America v. FERC, 716 F.2d 1 (D.C. Cir.), cert. denied, ___ U.S. ___, 104 S.Ct. 1615, 1616, 80 L.Ed.2d 144 (1983) (Interstate). We held that under the Natural Gas Policy Act of 1978, 15 U.S.C. § 3301, et...

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