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

Nos. 85-1846, 85-1847, 86-1021, 86-1074, 86-1082, 86-1164 and 86-1187.

844 F.2d 879 (1988)

COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

April 22, 1988.


Attorney(s) appearing for the Case

Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., and John H. Conway, Atty., F.E.R.C. ("FERC"), Washington, D.C., were on respondent's petition for rehearing and suggestion for rehearing en banc and FERC's supplemental brief in response to court's February 23, 1988 order.

Raymond N. Shibley and Marlene L. Stein, Washington, D.C., were on the petition for rehearing and suggestion for rehearing en banc, for intervenors Panhandle Eastern Pipe Line Co. and Trunkline Gas Co. and intervenors' memorandum brief in response to court's order.

Thomas F. Ryan, Jr., Robert G. Hardy, and Michael J. Fremuth, Washington, D.C., for Transcontinental Gas Pipe Line Corp., and William Douglas Field, Jr., Owensboro, Ky., for Texas Gas Transmission Corp., were on the petition for rehearing and suggestion for rehearing en banc and the pipe-lines' joint supplemental brief in response to court's order.

Richard L. Gottlieb, Giles D.H. Snyder, and S.J. Small, Charleston, W.Va., were on the supplemental brief, for petitioner Columbia Gas Transmission Corp.

Charles F. Wheatley, Jr., Annapolis, Md., and Philip B. Malter, Washington, D.C., were on the brief in response to court's order for Municipal Defense Group.

Before BUCKLEY and WILLIAMS, Circuit Judges, and GESELL, U.S. District Judge for the District of Columbia.


Opinion PER CURIAM.

ON PETITIONS FOR REHEARING

PER CURIAM:

The Federal Energy Regulatory Commission ("FERC") and various intervenor pipelines have petitioned this court for a rehearing of Columbia Gas Transmission Corp. v. FERC, 831 F.2d 1135 (D.C.Cir.1987). They assert that our decision notwithstanding, FERC has the implied authority under section 4(d) to waive the...

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