CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Shell Western E & P, Inc., Associated Gas Distributors, Felmont Oil Corp. & Essex Offshore, Inc., Philadelphia Electric Company, Intervenors.
PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Shell Western E & P, Inc., Associated Gas Distributors, Felmont Oil Corp. & Essex Offshore, Inc., Philadelphia Electric Company, Intervenors.
TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Felmont Oil Corp. & Essex Offshore, Inc., Philadelphia Electric Company, Shell Western E & P, Inc., Intervenors.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 18, 1987.
Decided July 21, 1987.
Attorney(s) appearing for the Case
Richard A. Solomon, with whom David D'Alessandro, Washington, D.C., David E. Blabey, Albany, N.Y., William I. Harkaway, Harvey L. Reiter, Washington, D.C., and Barbara M. Gunther, New York City, were on the joint brief, for petitioners.
Joel M. Cockrell, Atty., F.E.R.C., with whom Jerome M. Feit, Sol. F.E.R.C., Washington, D.C., was on the brief for respondent. Catherine C. Cook, Atty., F.E.R.C., Washington, D.C., also entered an appearance, for respondent.
Thomas G. Johnson, with whom M.G. Brookshier and Charles J. McClees, Jr., Washington, D.C., were on the brief, for intervenor, Shell Western E & P, Inc.
Frederick Moring and M. Lisanne Crowley, Washington, D.C., were on the brief, for intervenor, Associated Gas Distributors.
Stephen A. Herman, Washington, D.C., entered an appearance, for intervenor, Felmont Oil Corp. & Esse Offshore, Inc.
Robert A. MacDonnell, Philadelphia, Pa., entered an appearance, for intervenor, Philadelphia Elec. Co.
Before WALD, Chief Judge, BORK and SILBERMAN, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge WALD.
WALD, Chief Judge:
Under the Natural Gas Act of 1938, a natural gas producer whose facilities are subject to Federal Energy Regulatory Commission (Commission or the FERC) jurisdiction may not "abandon" those facilities — i.e., "permanently reduce[ ] a significant portion of a particular service," Reynolds Metals Co. v. FPC,534 F.2d 379 (D.C.Cir.1976) &...
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