COLORADO INTERSTATE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mobil Oil Corp., Northern Natural Gas Co., Ashland Exploration, Inc., Pennzoil Co., Phillips Petroleum Co., et al., Tenneco Oil Co., Champlin Petroleum Co., Panhandle Eastern Pipe Line Co., Truckline Gas Co., Texaco, Inc. and Texaco Producing, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 4, 1988.
Decided June 28, 1988.
Attorney(s) appearing for the Case
Donald C. Shepler, Salt Lake City, Utah, with whom Daniel F. Collins, Washington, D.C., was on the brief, for petitioner.
Dwight C. Alpern, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, F.E.R.C. and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief for respondent. John Conway, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.
Edgar K. Parks and Jay G. Martin, Houston, Tex., were on the brief for intervenor Mobil Oil Corp. and Mobil Producing Texas & New Mexico, Inc.
George J. Meiburger, Frank X. Kelly and Steve Stojic, Washington, D.C., were on the brief for intervenor Northern Natural Gas Co.
Thomas J. Eastment and Stephen L. Teichler, Washington, D.C., entered appearances for intervenors Ashland Exploration, Inc. and Pennzoil Co.
Jennifer A. Cates, Charles L. Pain and John L. Williford, Bartlesville, Okl., entered appearances for intervenor, Phillips Petroleum Co., et al.
F. Nan Wagoner and Phyllis G. Rainey, Houston, Tex., entered appearances for intervenor Tenneco Oil Co.
Kerry R. Brittain, Fort Worth, Tex., entered an appearance for intervenor Champlin Petroleum Co.
Raymond N. Shibley and Brian D. O'Neill, Washington, D.C., entered appearances for intervenor Panhandle Eastern Pipe Line Co. and Trunkline Gas Co.
John P. Beall, Houston, Tex., entered an appearance for intervenor, Texaco, Inc. and Texaco Producing, Inc.
Before RUTH BADER GINSBURG, BUCKLEY and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILLIAMS.
WILLIAMS, Circuit Judge:
The National Gas Policy Act of 1978 (the "NGPA" or the "Act"), 15 U.S.C. §§ 3301 et seq. (1982), sets ceiling prices for certain sales of natural gas. Under § 110, producers may raise their prices above these ceilings "to the extent necessary to recover ... [s]tate severance taxes." 15 U.S.C. § 3320(a) (1982). Such taxes are in turn defined as "any severance...
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