COLUMBIA GAS TRANSMISSION CORP. v. F.E.R.C.

No. 87-1260.

848 F.2d 250 (1988)

COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New Jersey Natural Gas Co., Baltimore Gas & Electric Co., Consolidated Gas Transmission Corp., Virginia Natural Gas, Inc., Washington Gas Light Co., East Ohio Gas Co., Process Gas Consumers Group, Dayton Power and Light Co., Texas Eastern Transmission Corp., Texas Gas Transmission Corp., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 3, 1988.


Attorney(s) appearing for the Case

Stephen J. Small, with whom Fredric J. George and Giles D.H. Snyder, Washington, D.C., were on the brief, for petitioner.

John N. Estes, III, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

William H. Penniman, Washington, D.C., was on the brief for intervenor, Process Gas Consumers Group. Gail S. Gilman, Washington, D.C., also entered an appearance for intervenor, Process Gas Consumers Group.

Joseph M. Oliver and M. Lisanne Crowley, Washington, D.C., entered appearances for intervenor, New Jersey Natural Gas Co.

J. Thomas Wolfe and Charles A. Herndon, Jr., Baltimore, Md., entered appearances for intervenor, Baltimore Gas and Elec. Co.

Mark G. Magnuson, Washington, D.C., entered an appearance for intervenor, Consolidated Gas Transmission Corp.

Arnold H. Quint and James F. Bowe, Jr., Washington, D.C., entered appearances for intervenor, Virginia Natural Gas, Inc.

Frank H. Strickler and Gordon M. Grant, Washington, D.C., entered appearances for intervenor, Washington Gas Light Co.

Paul T. Ruxin, Richard D. Avil, Jr., Cleveland, Ohio and Linda Gillespie Stuntz, Washington, D.C., entered appearances for intervenor, East Ohio Gas Co., et al.

Robert S. Waters, Richard M. Merriman and Daniel John Regan, Jr., Washington, D.C., entered appearances for intervenor, Dayton Power and Light Co.

Judy M. Johnson, Houston, Tex., entered an appearance for intervenor, Texas Eastern Transmission Corp.

Cheryl L. Jones, Washington, D.C., entered an appearance for intervenor, Texas Gas Transmission Corp.

Before WALD, Chief Judge, and ROBINSON and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

In this petition for review, Columbia Gas challenges the Federal Energy Regulatory Commission's ("FERC's") denial of its application for an individual section 7(c) certificate to transport natural gas at a selective discount. See 15 U.S.C. § 717f(c) (1982). Although Columbia currently holds a blanket certificate under FERC's Order No. 436, which explicitly permits...

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