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PHILLIPS PETROLEUM CO. v. F.E.R.C.

Nos. 84-1846, 84-2267, 84-2270, 84-2786, 84-2787, 85-1396, 85-1397, 85-1398 and 85-1399.

786 F.2d 370 (1986)

PHILLIPS PETROLEUM COMPANY, Phillips Oil Company, Transcontinental Gas Pipe Line Corporation, Interstate Natural Gas Association of America, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Conoco, Inc., Intervenor.

United States Court of Appeals, Tenth Circuit.

March 10, 1986.

Attorney(s) appearing for the Case

Jennifer A. Cates, (Larry Pain, C.J. Roberts, with her on brief), Bartlesville, Okl., for petitioners, Phillips Petroleum Co. and Phillips Oil Co.

John W. Ebert (Thomas F. Ryan, Jr. and Robert G. Hardy, with him on brief), of Andrews & Kurth, Washington, D.C., for petitioner, Transcontinental Gas Pipe Line Corp.

John J. Cheatham, III, Washington, D.C., Vice President, Gen. Counsel and Secretary, and Edward B. Myers, for petitioner, Interstate Natural Gas Ass'n of America; R.V. Loftin, Jr., of counsel, Houston, Tex.

Joshua Z. Rokach (Arlene Pianko Groner, Herome M. Feit, John N. Estes, III and William Satterfield, with him on briefs), Washington, D.C., for respondent, F.E.R.C.

Before BARRETT and MOORE, Circuit Judges, and THEIS, District Judge.

BARRETT, Circuit Judge.

This case involves consolidated petitions to review four rules promulgated by the Federal Energy Regulatory Commission (FERC or Commission). The rules establish fees pursuant to the Independent Offices Appropriations Act (IOAA), 31 U.S.C. § 483a, recodified, 31 U.S.C. § 9701, which authorizes agencies to collect fees for services provided to identifiable beneficiaries and thereby make agencies "self-sustaining to the extent...

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