PANHANDLE EASTERN PIPE LINE CO. v. F.E.R.C.

Nos. 85-1389, 85-1390 and 85-1395.

803 F.2d 726 (1986)

PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Gas Company, Inc., United Gas Pipe Line Company, Laclede Gas Company, Mississippi River Transmission Corporation, Consumers Power Company, Northern Indiana Public Service Company, Texas Eastern Transmission Corporation, Intervenors. TRUNKLINE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Gas Company, Inc., United Gas Pipe Line Company, Laclede Gas Company, Mississippi River Transmission Corporation, Consumers Power Company, Northern Indiana Public Service Company, Texas Eastern Transmission Corporation, Intervenors. Indiana Gas Company, Inc., Petitioner, v. Federal Energy Regulatory Commission, Respondent, United Gas Pipe Line Company, Laclede Gas Company, Mississippi River Transmission Corporation, Consumers Power Company, Northern Indiana Public Service Company, Texas Eastern Transmission Corporation, Trunkline Gas Company, Panhandle Eastern Pipe Line Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1986.


Attorney(s) appearing for the Case

Raymond N. Shibley, with whom Patrick J. Whittle, Washington, D.C., was on the brief for petitioners, Panhandle Eastern Pipe Line Co., et al., in Nos. 85-1389 and 85-1390 and intervenors in No. 85-1395.

J. Richard Tiano, with whom Mary Ann Walker, Washington, D.C., and Daniel W. McGill, Indianapolis, Ind., were on the brief for petitioner, Indiana Gas Co., Inc., in No. 85-1395 and intervenor in Nos. 85-1389 and 85-1390.

Joel M. Cockrell, Atty., F.E.R.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on the brief for respondent in Nos. 85-1389, 85-1390 and 85-1395.

Roy R. Robertson, Jr., Birmingham, Ala., with whom Paul E. Goldstein was on the brief for intervenor, Mississippi River Transmission Corp., in Nos. 85-1389, 85-1390 and 85-1395.

Kenneth J. Neises, Washington, D.C., was on the brief for intervenor, Laclede Gas Co., in Nos. 85-1389, 85-1390 and 85-1395.

Jeron Stevens, I. Jay Golub and Phillip D. Endom, Houston, Tex., entered appearances for intervenor, United Gas Pipe Line Co., in Nos. 85-1389, 85-1390 and 85-1395.

William Warfield Ross and Shira D. Modell, Washington, D.C., entered appearances for intervenor, Consumers Power Co., in Nos. 85-1389, 85-1390 and 85-1395.

Peter L. Hatton, Hammond, Ind., entered an appearance for intervenor, Northern Indiana Public Service Co., in Nos. 85-1389, 85-1390 and 85-1395.

Bolivar C. Andrews and Carl W. Ulrich, Houston, Tex., entered appearances for intervenor, Texas Eastern Transmission Co., in Nos. 85-1389, 85-1390 and 85-1395.

Before GINSBURG, BORK and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Petitioners challenge an order of the Federal Energy Regulatory Commission dismissing on jurisdictional grounds an application for authorization to abandon certain purchases of natural gas. Because the Supreme Court has held that the purchase and transportation of natural gas is a "service" within the meaning of section 7(b) of the Natural Gas Act,1 we conclude...

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