WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Arco Oil and Gas Company, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 9, 1986.
Decided April 24, 1987.
Attorney(s) appearing for the Case
Robert T. Hall, III, Washington, D.C., for petitioner.
John Conway, Atty., F.E.R.C., with whom Barbara J. Weller, Deputy Sol., F.E.R.C., Washington, D.C., was on the brief, for respondent. Jerome M. Feit, Sol., John N. Estes, III and Philip M. Marston, Attys., F.E.R.C., Washington, D.C., entered appearances for respondent.
Carroll L. Gilliam, with whom J. Paul Douglas, Washington, D.C., and Charles F. Hosmer, were on brief, for intervenor.
Carol A. Smoots and David J. Muchow, Arlington, Va., were on brief, for amicus curiae, The American Gas Ass'n, urging reversal.
Before BORK and D.H. GINSBURG, Circuit Judges, and McGOWAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge DOUGLAS GINSBURG.
DOUGLAS GINSBURG, Circuit Judge:
In Orders No. 3381 and 338-A,2 the Federal Energy Regulatory Commission ("FERC" or the "Commission") designated four natural gas formations as "tight formations," thereby qualifying their output for higher, so-called "incentive" prices under section 107(c)(5) of the Natural Gas Policy Act of 1978 (NGPA)....
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