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

No. 87-1651.

860 F.2d 446 (1988)

TENNESSEE GAS PIPELINE COMPANY, A DIVISION OF TENNECO INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1988.


Attorney(s) appearing for the Case

Robert H. Benna, with whom Terence J. Collins, Washington, D.C., Margaret L. Bollinger, Harold L. Talisman and Richard H. Davidson, Washington, D.C., were on the brief for petitioner. David D. Withnell, Washington, D.C., also entered an appearance for petitioner.

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

William I. Harkaway, Harvey L. Reiter, Washington, D.C., and Barbara M. Gunther, Brooklyn, N.Y. entered appearances for intervenor, Consolidated Edison Co. of New York, Inc.

Michael J. Manning, James F. Moriarty and James P. White, Washington, D.C., entered appearances for intervenor, Tennessee Small Gen. Service Customer Group.

William H. Penniman and James M. Bushee, Washington, D.C., entered appearances for intervenor, Process Gas Consumers Group.

Richard A. Solomon and David D'Alessandro, Washington, D.C., entered appearances for intervenor, Public Service Com'n of the State of N.Y.

James R. Choukas-Bradley, Washington, D.C., entered an appearance for intervenor, Cities of Clarksville, Springfield, and Portland, Tenn.

Joseph C. Bell and Jeffrey T. Sprung, Washington, D.C., entered appearances for intervenor, Citizens Energy Corp., et al.

Before WALD, Chief Judge and MIKVA and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This case concerns an appeal by Tennessee Gas Pipeline Co. ("Tennessee") of a sequence of orders of the Federal Energy Regulatory Commission ("FERC") rejecting Tennessee's proposal to modify its rate schedules so as to allow its full-requirements customers to purchase interruptible transportation services from the pipeline at a rate which differed from that charged other purchasers of this...

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