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

No. 84-4273.

809 F.2d 1138 (1987)

TENNESSEE GAS PIPELINE CO., & East Tennessee Natural Gas Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

February 12, 1987.

Attorney(s) appearing for the Case

James Howard, Terence J. Collins, Sterling H. Smith, Anthony D. Pryor, Houston, Tex., for petitioners.

John Estes, Atty., Jerome Feit, Sol., F.E. R.C., Washington, D.C., for respondent.

Bernard A. Foster, III, Washington, D.C., for Esperanza Gas Co.

W. DeVier Pierson, Knox Bemis, Elisa J. Grammer, Washington, D.C., for United Texas Transmission Co.

Thomas E. Midyett, Jr., Knoxville, Tenn., for East Tennessee Natural Gas Co.

Stan L. McLelland, M. Frazier King, Jr., Graham E. Evans, San Antonio, Tex., for Valero Transmission Co.

Before CLARK, Chief Judge, THORNBERRY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This petition for review of a Federal Energy Regulatory Commission Order requests us to determine whether East Tennessee Natural Gas Company's transportation of gas for Tennessee Gas Pipeline Company in return for Tennessee's transportation of gas to two of East Tennessee's off-system customers qualifies as a no-fee exchange of transportation services. The Commission denied no-fee status because the services were not comparable...

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