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

Nos. 84-1516, 85-1045.

827 F.2d 779 (1987)

NORTHERN NATURAL GAS COMPANY, DIVISION OF INTERNORTH, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Power Company, Northern States Power Company, et al., Process Gas Consumers Group, Energy Issues Intervention Office of the Minnesota Department of Public Service, Intervenors. NORTHERN NATURAL GAS COMPANY, DIVISION OF INTERNORTH, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided August 21, 1987.

Attorney(s) appearing for the Case

David B. Ward, Washington, D.C., with whom Henry C. Rosenthal, Jr., Omaha, Neb., and Allan W. Anderson, Jr., Washington, D.C., were on the brief for petitioner in Nos. 84-1516 and 85-1045.

Joel 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 in Nos. 84-1516 and 85-1045.

Christopher K. Sandberg, St. Paul, Minn., for intervenor, Minnesota Dept. of Public Service in Nos. 84-1516 and 85-1045.

William T. Miller and Susan N. Kelly, Washington, D.C., entered appearances for intervenor, Northern States Power Company in Nos. 84-1516 and 85-1045.

Edward J. Brady entered an appearance for Michigan Power Co., intervenor in No. 84-1516.

Edward J. Grenier and Glen S. Howard, Washington, D.C., entered appearances for Process Gas Consumers Group, intervenor in No. 84-1516.

Thomas C. Gorak, on the brief, for Md. People's Counsel, amicus curiae in Nos. 84-1516 and 85-1045.

Before WALD, Chief Judge, MIKVA, EDWARDS, RUTH BADER GINSBURG, BORK, STARR, SILBERMAN, BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Argued En Banc December 2, 1986.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

Dissenting opinion filed by Chief Judge WALD, with whom Circuit Judge MIKVA joins.

D.H. GINSBURG, Circuit Judge:

In this case, we are asked to determine whether the Federal Energy Regulatory Commission (Commission), in issuing a certificate of public convenience and necessity to Northern Natural Gas (Northern) for a proposed discount resale service...

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