TENNESSEE GAS TRANSMISSION CO. v. F.E.R.C.

No. 85-1201.

789 F.2d 61 (1986)

TENNESSEE GAS TRANSMISSION COMPANY, A DIVISION OF TENNECO, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Electric and Gas Company, Southern Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1986.


Attorney(s) appearing for the Case

Jeffrey D. Komarow, with whom Dale A. Wright and Terence J. Collins, Washington, D.C., were on brief, for petitioner.

A. Karen Hill, Atty., Federal Energy Regulatory Commission, with whom William H. Satterfield, General Counsel and Jerome M. Feit, Solicitor, Federal Energy Regulatory Commission, Washington, D.C., were on brief, for respondent.

James J. Flood, Jr., Washington, D.C., with whom Donna J. Bailey, Birmingham, Ala., was on brief, for intervenor, Southern Natural Gas Co.

James R. Lacey, Newark, N.J., entered an appearance, for intervenor, Public Service Electric and Gas Co.

Before MIKVA, GINSBURG and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting opinion filed by Circuit Judge MIKVA.

SILBERMAN, Circuit Judge:

On November 17, 1983 petitioner Tennessee Gas Pipeline Co. filed with the Federal Energy Regulatory Commission (FERC) a new rate schedule setting forth the rates, terms, and conditions for interruptible transportation service (Rate Schedule IT). See 18 C.F.R. § 157.45 and Part 284 (1985). Under that rate schedule...

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