ATLANTA GAS LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Alabama Gas Corporation, Carolina Pipeline Company, South Carolina Electric & Gas, Chattanooga Gas Company, Southern Natural Gas Company, Mississippi Valley Gas Company, Nipro, Inc., et al., Georgia Industrial Group, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 4, 1983.
Decided March 15, 1985.
Attorney(s) appearing for the Case
John E. Holtzinger, Jr., Washington, D.C., with whom Paul H. Keck and John T. Stough, Jr., Washington, D.C., were on brief, for petitioner.
Joel M. Cockrell, F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on brief, for respondent. Joshua Z. Rokach, Washington, D.C., also entered an appearance for respondent.
James J. Flood, Jr., Washington, D.C., with whom William A. Major, Jr. and Roy R. Robertson, Jr., Birmingham, Ala., were on brief, for intervenor Southern Nat. Gas Co.
Harold L. Talisman, Michael J. MacDonald and Barbara J. Klein, Washington, D.C., were on brief, for intervenor Ala. Gas Corp.
Stanley M. Morley, Joel F. Zipp and Paul W. Diehl, Washington, D.C., were on brief, for intervenors Carolina Pipeline Co. and S.C. Elec. & Gas Co.
Fred K. Harvey, Augusta, Ga., entered an appearance for intervenors Nipro, Inc., et al.
Glenn W. Letham, Washington, D.C., entered an appearance for intervenor Chattanooga Gas Co.
John M. Kuykendall, Jr. and J. Michael Marcoux, Washington, D.C., entered appearances for intervenor Miss. Valley Gas Co.
Edward J. Grenier, Jr., Richard P. Noland and Richard A. Oliver, Washington, D.C., entered appearances for intervenor Ga. Indus. Group.
Before BORK and SCALIA, Circuit Judges, and WILLIAMS, Senior Judge of the United States District Court for the Central District of California.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SCALIA.
SCALIA, Circuit Judge.
Atlanta Gas Light Company petitions under 15 U.S.C. § 3416(a)(4) for review of a Federal Energy Regulatory Commission order approving the curtailment plan of Southern Natural Gas Company — that is, its plan for distributing gas among its customers in times when it is unable to acquire sufficient supplies to cover all their orders. The principal issue on appeal is whether...
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