SOUTHERN NATURAL GAS CO. v. F.E.R.C.

No. 85-7327.

813 F.2d 364 (1987)

SOUTHERN NATURAL GAS COMPANY and Southern Energy Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondents.

United States Court of Appeals, Eleventh Circuit.

March 30, 1987.


Attorney(s) appearing for the Case

James J. Flood, Jr., Flood & Ward, Washington, D.C., for Southern Natural Gas.

Andrea Wolfman, Staff Atty., Joseph S. Davies, F.E.R.C., Washington, D.C., for F.E.R.C.

Channing D. Strother, Jr., Washington D.C., for Chattanooga Gas Co.

John T. Stough, Jr., John E. Holtzinger, Jr., Newman & Holtzinger, P.C., Washington, D.C., for Atlanta Gas Light Co.

Jeffrey D. Komarow, Wright & Talisman, P.C., Washington, D.C., for Alabama Gas Corp.

Stanley M. Morley, Paul W. Diehl, Washington, D.C., for South Carolina Pipeline Corp.

Frederic G. Berner, Jr., Sidley & Austin, Monica A. Schwebs, Washington, D.C., for Columbia Nitrogen Corp. & Nipro, Inc.

Deppish Kirkland, Atlanta, Ga., for Consumers' Utility Counsel of Georgia.

Before RONEY, Chief Judge, TJOFLAT and HATCHETT, Circuit Judges.


TJOFLAT, Circuit Judge:

This case concerns refunds the Federal Energy Regulatory Commission (Commission) ordered following our opinion in Southern Natural Gas Co. v. FERC, 780 F.2d 1552 (11th Cir.1986). In that case, we upheld the Commission's determination that Southern Natural Gas Company (Southern)1 had collected excess tariffs from its customers by failing to invoke a price limiting provision...

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