OFFICE OF CONSUMERS' COUNSEL, STATE OF OHIO v. F.E.R.C.

Nos. 84-1099, 84-1100, 84-1135, 84-1142, 84-1143, 84-1146, 84-1179 and 84-1444.

842 F.2d 1308 (1988)

OFFICE OF CONSUMERS' COUNSEL, STATE OF OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of the State of New York, Public Service Commission of West Virginia, Process Gas Consumers Group, Columbia Gas Distribution Companies, UGI Corporation, Dayton Power and Light Company, Columbia Gas Transmission Corporation, Pennsylvania Gas and Water Company, Consumer Advocate for the Commonwealth of Pennsylvania, Washington Gas Light Company, Interstate Natural Gas Association of America, Cities of Charlottesville and Richmond, Virginia, Consumer Advocate Division of the Public Service Commission of West Virginia, Cincinnati Gas & Electric Company, et al., Baltimore Gas and Electric Company, Public Utilities Commission of Ohio, Texas Eastern Transmission Corporation, Transwestern Pipeline Company, Exxon Corporation, Maryland Office of People's Counsel, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

March 29, 1988.


Attorney(s) appearing for the Case

Frederick Moring and Jennifer N. Waters, Washington, D.C., were on the second renewed motion of Associated Gas Distributors to enforce the mandate.

Jerome M. Feit, Sol., and Joel M. Cockrell, F.E.R.C., Washington, D.C., were on the motion of the F.E.R.C. to enlarge the mandate.

John H. Pickering, Timothy N. Black, Gary D. Wilson, Neal T. Kilminster, Susan McAndrew, Washington, D.C., Stephen J. Small, Charleston, W.Va., Ronald N. Carroll, Baltimore, Md., and Giles D.H. Snyder, Charleston, W.Va., were on the response of Columbia Gas Transmission Corp.

C. Roger Hoffman, Douglas W. Rasch, Houston, Tex., Charles M. Darling IV and Stephen L. Teichler, Washington, D.C., were on the reply of Exxon Corp.

Before WALD, Chief Judge, MIKVA and EDWARDS, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case, which has already resulted in two published opinions from this court, is before us again on cross-motions by petitioners Associated Gas Distributors et al. ("AGD") to enforce the mandate, and by respondent Federal Energy Regulatory Commission ("FERC" or "Commission") to "enlarge" the mandate to encompass the remedy it has adopted. For the reasons...

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