TRANSWESTERN PIPELINE CO. v. F.E.R.C.

No. 84-4753.

784 F.2d 609 (1986)

TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

March 7, 1986.


Attorney(s) appearing for the Case

James W. McCartney, Vinson & Elkins, Judy M. Johnson, Houston, Tex., for petitioner.

John H. Conway, Atty., Jerome Feit, Sol., F.E.R.C., A. Karen Hill, Atty., Washington, D.C., for respondent.

Michael D. Gayda, E.R. Island, Los Angeles, Cal., for Pacific Lighting Gas Supply Co. and Southern California Gas Co.

Janice E. Kerr, J. Calvin Simpson, Michael B. Day, San Francisco, Cal., for The State of Cal. and The Public Utilities Com'n of the State of Cal.

J.D. Steelman, Tulsa, Okl., Dale A. Wright, Gregory Grady, Washington, D.C., for Northwest Central Pipeline Corp.

Before CLARK, Chief Judge, BROWN, and JOHNSON, Circuit Judges.


CLARK, Chief Judge:

Transwestern Pipeline Company (Transwestern) challenges an order of the Federal Energy Regulatory Commission (the Commission) denying Transwestern's attempt to recover costs incurred in developing an unsuccessful synthetic gas project by including these costs in its rates over a five-year period. Finding that Transwestern is barred from recovering these costs by the certificates of public convenience and necessity which authorized the synthetic...

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