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

Nos. 85-1644, 85-1710.

824 F.2d 78 (1987)

TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Southern Natural Gas Company, Intervenor. COLUMBIA GULF TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Tennessee Gas Pipeline Company, Southern Gas Pipeline Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1987.

Attorney(s) appearing for the Case

Gregory Grady, Washington, D.C., for Tennessee Gas Pipeline Co., petitioner in No. 85-1644 and intervenor in No. 85-1710. Dale A. Wright, Robert H. Benna, Douglas O. Waikart and Terence J. Collins, Washington, D.C., were on the brief for Tennessee Gas Pipeline Co., petitioner in No. 85-1644 and intervenor in No. 85-1710.

Stephen J. Small and Richard Gottlieb, Charleston, W. Va., were on the brief for Columbia Gulf Transmission Co., petitioner in No. 85-1710.

Philip M. Marston, Atty., F.E.R.C., with whom Jerome M. Feit, Sol. and Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., were on the brief for respondent in Nos. 85-1644 and 85-1710.

R. David Hendrickson and Donna J. Bailey, Birmingham, Ala., entered appearances for intervenor, Southern Natural Gas Co. in Nos. 85-1644 and 85-1710.

Before MIKVA and WILLIAMS, Circuit Judges, and PARSONS, Senior District Judge.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

Tennessee Gas Pipeline Company ("Tennessee") and Columbia Gulf Transmission Company ("Columbia Gulf") challenge two conditions imposed by the Federal Energy Regulatory Commission ("FERC") in certificates of public convenience and necessity under § 7(c) and (e) of the Natural Gas Act ("NGA"), 15 U.S.C. § 717f(c), (e) (1982). The certificates authorize the companies to...

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