SOUTHERN UNION GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
City of Willcox, Arizona, Southern California Gas Co., ASARCO, Inc., et al., Gas Co. of New Mexico, El Paso Municipal Customer Group, El Paso Natural Gas Co., Pacific Gas and Electric Co., Southwest Gas Corp., Apache Powder Co., et al., The Public Utilities Commission of the State of California, Intervenors.
SOUTHWEST GAS CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
ASARCO, Inc., et al., Gas Co. of New Mexico, El Paso Municipal Customer Group, City of Willcox, Arizona, et al., El Paso Natural Gas Co., Apache Powder Co., et al., The Public Utilities Commission of the State of California, Southern California Gas Co., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 5, 1988.
Decided March 8, 1988.
Attorney(s) appearing for the Case
Douglas M. Canter, with whom William I. Harkaway and Robert J. Haggerty were on the joint brief, for Southern Union Gas Co. and Southwest Gas Corp. Richard D. Fortin, Washington, D.C., also entered an appearance for petitioner, Southern Union Gas Co. in No. 87-1085.
Samuel Soopper, 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. Joel M. Cockrell, F.E.R.C. also entered an appearance for respondent.
Michael B. Day, with whom J. Calvin Simpson for Public Utilities Com'n of the State of California, Steven F. Greenwald, and Lindsey Now-Downing for Pacific Gas and Elec. Co., E.R. Island and Douglas Porter for Southern California Gas Co. were on the joint brief, for intervenors, Public Utilities Com'n of the State of California, et al. Howard V. Golub also entered an appearance for intervenor, Pacific Gas and Elec. Co. in No. 87-1085.
Howard L. Nelson and Arnold D. Berkeley were on the brief for intervenors, Arizona Elec. Power Co-op., Inc., and the City of Willcox, Ariz.
Nicholas W. Fels entered an appearance for intervenor, ASARCO, Inc., et al.
John T. Stough, Jr. entered an appearance for intervenor, Gas Co. of New Mexico.
Susan N. Kelly entered an appearance for intervenor, El Paso Municipal Customer Group.
Donald J. MacIver, Jr., Richard Owen Baisch, Michael D. Ferguson and Richard C. Green entered appearances for intervenor, El Paso Natural Gas Co. Scott D. Fobes also entered an appearance for intervenor, El Paso Natural Gas Co. in No. 87-1085.
Joel L. Greene and Barbara S. Jost entered appearances for intervenor, Apache Powder Co., et al.
Before WALD, Chief Judge, STARR, Circuit Judge, and MacKINNON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
STARR, Circuit Judge:
This is a challenge to the Federal Energy Regulatory Commission's denial of a request by two gas distribution companies to investigate the reasonableness of a gas curtailment plan entered into pursuant to a settlement agreement approved by the Commission seven years ago. The argument is that the regulatory environment has so dramatically changed since the agreement received FERC's approbation...
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