ANR PIPELINE CO. v. F.E.R.C.

Nos. 87-1340, 88-1030.

863 F.2d 959 (1988)

ANR PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1988.


Attorney(s) appearing for the Case

William W. Brackett with whom Daniel F. Collins, and Richard W. Miller, Jr., Washington, D.C., were on the brief, for petitioner.

Robert H. Solomon, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., Joseph S. Davies and Joanne Leveque, Attys., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Bruce F. Kiely and Mark C. Schroeder, Washington, D.C., for City Gas Co., et al. Steven M. Schur, Madison, Wis., and Philip J. Mause, Washington, D.C., for Public Service Com'n of Wisconsin. Richard M. Merriman, John R. Schaefgen, Jr., and Stephen L. Huntoon, Washington, D.C., for Michigan Gas Utilities Co. Frank J. Kelley, Detroit, Mich., Louis J. Caruso, Don L. Keskey, Lansing, Mich., and Patricia S. Barone, for State of Michigan and the Michigan Public Service Com'n. Jeffrey M. Petrash and James H. Holt, for Michigan Consolidated Gas Co. Glen S. Howard, Washington, D.C., for Ass'n of Businesses Advocating Tariff Equity. Ned Willis, Perry, Iowa, for North Cent. Public Service Co. entered an appearance for City Gas Co., et al.

Gail S. Gilman, Washington, D.C., entered an appearance for intervenor, Ass'n of Businesses Advocating Tariff Equity.

Before RUTH BADER GINSBURG, SILBERMAN, and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

In a December 1986 opinion and order, designated Opinion No. 258, the Federal Energy Regulatory Commission (FERC or Commission) determined that petitioner ANR Pipeline Company (ANR) should no longer retain its minimum bill (billing for volumes not in fact taken by the customer) for sales of natural gas. ANR Pipeline...

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