NORTHWEST CENT. PIPELINE CORP. v. F.E.R.C.

No. 84-1697.

797 F.2d 918 (1986)

NORTHWEST CENTRAL PIPELINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The Midwest Gas Users Association, Amoco Production Company, the Gas Service Company, the Kansas Power and Light Company, Kansas Corporation Commission, Intervenors.

United States Court of Appeals, Tenth Circuit.

August 5, 1986.


Attorney(s) appearing for the Case

Harold L. Talisman of Wright & Talisman, Washington, D.C. (John B. Rudolph of Hall, Estill, Hardwick, Gable, Collingsworth and Nelson, Washington, D.C., Blaine Yamagata of O'Neill and Haase, Washington, D.C., William J. Sears and John H. Cary of Northwest Central Pipeline Corporation, Tulsa, Oklahoma, with him on the briefs), for petitioner.

A. Karen Hill (William H. Satterfield, Gen. Counsel, Jerome M. Feit, Solicitor, and Bonnie C. Cord, Atty., on the briefs), F.E.R.C., Washington, D.C., for respondent.

Brian J. Moline, Gen. Counsel, Kansas State Corp. Com'n., Topeka, Kan., and C. Edward Peterson of Hamill, Neill & Dwyer, Mission, Kansas, filed a brief for intervenor Kansas State Corp. Com'n.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and BRETT, District Judge.


LOGAN, Circuit Judge.

Petitioner, Northwest Central Pipeline Company, applied to the Federal Energy Regulatory Commission in 1976 for a "certificate of public convenience and necessity," under § 7 of the Natural Gas Act, 15 U.S.C. §§ 717-717w. Northwest needed the certificate to build and operate a natural gas pipeline running from Wyoming to its existing Kansas pipeline. The Commission issued the certificate in 1978.

The certificate contained...

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