COLORADO INTERSTATE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Natural Gas Pipeline Company of America; The Peoples Gas Light and Coke Company, and North Shore Gas Company; Public Service Company of Colorado, Western Gas Supply Company and Cheyenne Light, Fuel and Power Company; The City and County of Denver, Colorado; KN Energy, Inc.; MIGC, Inc.; and the City of Colorado Springs, Colorado, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 19, 1986.
Rehearing Denied July 2, 1986.
Attorney(s) appearing for the Case
William M. Lange, Colorado Springs, Colo. (Nancy A. White, also of Colorado Springs, Colo., with him on briefs), for petitioner Colorado Interstate Gas Co.
John Harris Conway (William H. Satterfield, Gen. Counsel, Barbara J. Weller, Deputy Sol., and Joseph S. Davies, Atty., Washington, D.C., on briefs), for respondent F.E.R.C.
Paul W. Mallory, Lombard, Ill. (Paul E. Goldstein and Priscilla Mims, also of Lombard, Ill., and Joseph M. Wells, Lombard, Ill., of counsel, with him on briefs), for intervenor Natural Gas Pipeline Co. of America.
James G. Colvin, II, City Atty., Colorado Springs, Colo., and Gregory L. Johnson and Michael J. Gianunzio, of Horn, Anderson & Johnson, Colorado Springs, Colo., filed briefs for intervenor City of Colorado Springs in Nos. 84-2286 and 85-1171.
Steven H. Kaplan, City Atty., and George J. Cerrone, Jr., Asst. City Atty., Denver, Colo., filed a brief for intervenor City and County of Denver in No. 84-2286.
James R. McCotter, of Kelly, Stansfield & O'Donnell, Denver, Colo., filed a brief for intervenors Public Service Co. of Colorado, Western Gas Supply Co., and Cheyenne Light, Fuel and Power Co. in Nos. 84-2286 and 85-1171.
James Hinchliff, Thomas M. Patrick, and Karen Cargill, Chicago, Ill., filed a joint brief for intervenors The Peoples Gas Light and Coke Co. and North Shore Gas Co. in Nos. 84-2286 and 85-1171.
Before BARRETT, McKAY and TACHA, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
TACHA, Circuit Judge.
This case consolidates appeals from two orders of the Federal Energy Regulatory Commission (Commission) issued in the course of a rate increase proceeding under § 4 of the Natural Gas Act. This court has jurisdiction to review these orders pursuant to 15 U.S.C. § 717r. The questions presented are whether the Commission acted within its authority in (1) ordering retroactive modification of a...
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