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

No. 84-4753.

791 F.2d 1163 (1986)

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

United States Court of Appeals, Fifth Circuit.

June 11, 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 California and The Public Utilities Com'n of the State of California.

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

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

ON PETITION FOR REHEARING

(Opinion March 7, 1986, 5th Cir.1986, 784 F.2d 609)

CLARK, Chief Judge:

Transwestern's petition for rehearing focuses on two main issues. First, Transwestern maintains that the decision in this case violates the rule that the propriety of agency action is to be judged only on the grounds invoked by the agency. Second, Transwestern points to a...

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