NAT. ASS'N OF REG. UTILITY COM'RS v. F.E.R.C.

Nos. 83-2491, 84-2108.

823 F.2d 1377 (1987)

The NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS and the State of Utah Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION Respondent, Mountain Fuel Supply Company, Mountain Fuel Resources, Inc., Wexpro Company and Celsius Energy Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

July 10, 1987.


Attorney(s) appearing for the Case

A. Robert Thorup of Ray, Quinney & Nebeker, Salt Lake City, Utah (Paul Rodgers, Gen. Counsel, Charles D. Gray, Asst. Gen. Counsel, Nat. Ass'n of Regulatory Utility Com'rs, Washington, D.C., James S. Jardine of Ray, Quinney & Nebeker, Salt Lake City, Utah, David L. Wilkinson, Atty. Gen. and Craig R. Rich, Asst. Atty. Gen. of the State of Utah, were also on brief), for petitioners Nat. Ass'n of Regulatory Utility Com'rs.

Joanne Leveque, Washington, D.C. (William H. Satterfield, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., were also on brief), for respondent Federal Energy Regulatory Com'r.

Ray G. Groussman, Gen. Counsel, Mountain Fuel Supply Co., Salt Lake City, Utah, Gary G. Sackett, Div. Counsel, Mountain Fuel Resources, Inc., Salt Lake City, Utah, George J. Meiburger, Frank X. Kelly, Peter C. Lesch and Steve Stojic of Gallagher, Boland, Meiberger and Brosnan, Washington, D.C., and Ruland J. Gill, Jr., Wexpro Co., Salt Lake City, Utah, were on brief, for intervenors Mountain Fuel Supply Co., Mountain Fuel Resources, Inc., Wexpro Co., and Celsius Energy Co.

Before HOLLOWAY, Chief Judge, and SEYMOUR and BALDOCK, Circuit Judges.


HOLLOWAY, Chief Judge.

The petitions for review under § 19 of the Natural Gas Act, 15 U.S.C. § 717r, present the principal issue whether Mountain Fuel Supply Company's (Mountain Fuel) transportation of natural gas in interstate commerce through its own pipeline from its producing reserves in Colorado and Wyoming for sale by Mountain Fuel to residential, commercial and industrial users in Utah subjects those producing reserves to the jurisdiction of the Federal...

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