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PHILLIPS PETROLEUM CO. v. F.E.R.C.

No. 85-1427.

792 F.2d 1165 (1986)

PHILLIPS PETROLEUM COMPANY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Arizona Public Service Company, Midwest Energy, Inc., K N Energy, Inc., Gulf States Utilities Company, El Paso Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 1986.

Attorney(s) appearing for the Case

Charles L. Pain, with whom Jennifer A. Cates, Bartlesville, Okl., was on brief, for petitioner, Phillips Petroleum Co.

Richard A. Solomon, Washington, D.C., for intervenor, Midwest Energy, Inc.

John N. Estes, III, Atty., F.E.R.C., for respondent; William H. Satterfield, Gen. Counsel, Barbara J. Weller, Deputy Sol. and Leslie J. Lawner, Atty., F.E.R.C., Washington, D.C., were on brief, for respondent.

Daniel F. Collins, with whom Terry O. Vogel and Richard W. Miller, Jr., Washington, D.C., were on brief, for intervenor, K N Energy, Inc.

Tamara L. Huddleston and Herbert I. Zinn, Tucson, Ariz., entered appearances for intervenor, Arizona Public Service Co.

Janet M. Robins and George A. Avery, Washington, D.C., entered appearances for intervenor, Gulf States Utility Co.

Scott D. Fobes and Richard C. Green, El Paso, Tex., entered appearances for intervenor, El Paso Natural Gas Co.

Before WALD and EDWARDS, Circuit Judges, and KOZINSKI, Circuit Judge, United States Court of Appeals for the Ninth Circuit.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Section 104 of the Natural Gas Policy Act of 1978 ("NGPA") provides that the maximum lawful price for the first sale of natural gas committed to interstate commerce on November 8, 1978 shall be "the just and reasonable rate ... established by the Commission which was (or would have been) applicable to ... such natural gas on April 20, 1977."1<...

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