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KENTUCKY WEST VIRGINIA GAS CO. v. F.E.R.C.

No. 82-4594.

780 F.2d 1231 (1986)

KENTUCKY WEST VIRGINIA GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

January 21, 1986.

Attorney(s) appearing for the Case

Jerome M. Feit, Sol. F.E.R.C., Washington, D.C., Joshua Z. Rokach, Leslie J. Lawner, argued, for Federal Energy Regulatory Comn.

James D. McKinney, Jr., argued, Ross, Marsh & Foster, Washington, D.C., for Kentucky West Virginia Gas Co.

William R. Mapes, Jr., Richard E. Hitt, Acting Gen. Counsel, Charleston, W.Va., for Public Service Comm. of West Virginia.

Richard A. Solomon, David D'Alessandro, argued, Washington, D.C., for Com. of Kentucky Public Service Comn.

Before GARZA, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Kentucky West Virginia Gas Company petitions for review of orders issued by the Federal Energy Regulatory Commission (FERC). These orders prohibited it from pricing part of its company-owned production in accordance with the rate structure set forth in the Natural Gas Policy Act of 1978 (NGPA), 15 U.S.C. §§ 3301-3432. Applying the principles declared in Mid Louisiana Gas Co. v. F.E.R.C., 780...

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