OFFICE OF THE CONSUMERS' COUNSEL v. F.E.R.C.

Nos. 85-1585, 85-1586.

808 F.2d 125 (1987)

OFFICE OF THE CONSUMERS' COUNSEL, STATE OF OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Columbia Gas of Ohio, Inc., Columbia Gas Transmission Corp., Washington Gas Light Co., et al., Intervenors. STATE OF OHIO, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Columbia Gas of Ohio, Inc., Columbia Gas Transmission Corp., Washington Gas Light Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 6, 1987.

As Amended January 6, 1987.


Attorney(s) appearing for the Case

M. Howard Petricoff, Sp. Asst. Atty. Gen., State of Ohio, with whom Robert S. Tongren, Asst. Atty. Gen., State of Ohio, Columbus, Ohio, was on the brief for petitioners, State of Ohio, et al., in No. 85-1586.

Margaret Ann Samuels, Columbus, Ohio, with whom David C. Bergmann, Sandusky, Ohio, was on the brief for petitioners, Office of the Consumers' Counsel, State of Ohio, in No. 85-1585.

John Harris Conway, Atty., F.E.R.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on the brief for respondent. Barbara J. Weller and Andrea Wolfman, Attys., F.E.R.C., Washington, D.C., also entered appearances for respondent.

Fredric J. George, with whom Stephen J. Small and H.L. Snyder, Charleston, W. Va., were on the brief for intervenor, Columbia Gas Transmission Corp., in Nos. 85-1585 and 85-1586.

Karen B. Pancost and Gordon M. Grant, Washington, D.C., were on the brief for intervenors, Washington Gas Light Co., et al., in Nos. 85-1585 and 85-1586.

Roger C. Post, Columbus, Ohio, was on the brief for intervenor, Columbia Gas of Ohio, Inc., in Nos. 85-1585 and 85-1586.

Before SILBERMAN and WILLIAMS, Circuit Judges, and JAMESON, Senior District Judge.


Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

Petitioners seek review of a decision of the Federal Energy Regulatory Commission ("FERC" or the "Commission") authorizing abandonment of a 4.7-mile stretch of natural gas pipeline in Ohio known as D-75W. Bowman v. Columbia Gas Transmission Corp., 31 F.E.R.C. (CCH) ¶ 61,185, reh'g denied, 32 F.E.R.C. (CCH) ¶ 61...

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