MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
National Steel Corporation, Citizens Gas & Coke Utility, Panhandle Eastern Pipe Line Company, American Cyanamid Company, A.P. Green Refractories Company, Amoco Production Company, Michigan Gas Utilities Company, Central Illinois Light Company, Carnation Company, Association of Businesses Advocating Tariff Equity, Intervenors.
STATE OF MICHIGAN and Michigan Public Service Commission, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
National Steel Corporation, Citizens Gas & Coke Utility, Panhandle Eastern Pipe Line Company, Michigan Consolidated Gas Company, Amoco Production Company, Michigan Gas Utilities Company, Central Illinois Light Company, Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Citizens Gas & Coke Utility, Panhandle Eastern Pipe Line Company, National Steel Corporation, Michigan Gas Utilities Company, A.P. Green Refractories Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 19, 1989.
Decided August 18, 1989.
Attorney(s) appearing for the Case
Jeffrey M. Petrash with whom James H. Holt, Washington, D.C., was on the brief, for petitioner, Michigan Consol. Gas Co. in No. 88-1062 and No. 88-1362 and intervenor in No. 88-1199.
Henry J. Boynton, Asst. Atty. Gen., with whom Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., and Don L. Keskey, Asst. Atty. Gen., Lansing, Mich., State of Mich., were on the brief, for petitioners, State of Mich. and Michigan Public Service Com'n in No. 88-1199.
Dwight C. Alpern, Atty., F.E.R.C. with whom Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent in Nos. 88-1062, 88-1199 and 88-1362. John Estes, Washington, D.C., also entered an appearance, for respondent F.E.R.C.
William H. Penniman with whom Raymond N. Shibley and Bruce W. Neely, Washington, D.C., were on the joint brief, for intervenors, Panhandle Eastern Pipe Line Co. and Nat. Steel Corp. in Nos. 88-1062, 88-1199 and 88-1362. Brian D. O'Neill, Washington, D.C., also entered an appearance, for intervenor, Panhandle Eastern Pipe Line Co. Douglas H. West, Detroit, Mich., also entered an appearance, for intervenor, Nat. Steel Corp.
Steven M. Sherman and William P. Diener, Indianapolis, Ind., entered appearances, for intervenor, Citizens Gas & Coke Utility in Nos. 88-1062, 88-1199 and 88-1362.
Nicholas W. Fels, Washington, D.C., entered an appearance, for intervenor American Cyanamid Co. in No. 88-1062.
Lyndon C. Taylor and Paula M. Young, Washington, D.C., entered appearances, for intervenor A.P. Green Refractories Co. in Nos. 88-1062 and 88-1362.
Kevin M. Sweeney, Washington, D.C., entered an appearance, for intervenor, Amoco Production Co. in Nos. 88-1062 and 88-1199.
John R. Schaefgen, Jr., Washington, D.C., entered an appearance, for intervenors, Michigan Gas Utilities Co. and Cent. Illinois Light Co. in Nos. 88-1062, 88-1199 and 88-1362.
Richard A. Oliver, Washington, D.C., entered an appearance, for intervenor, Carnation Co. in No. 88-1062.
Glen S. Howard, Washington, D.C., entered an appearance, for intervenor, Ass'n of Businesses Advocating Tariff Equity in No. 88-1062.
Frederick Moring and Herbert J. Martin, Washington, D.C., were on the brief, for amicus curiae Associated Gas Distributors in Nos. 88-1062, 88-1199 and 88-1362, urging review. M. Lisanne Crowley, Washington, D.C., also entered an appearance, for amicus curiae Associated Gas Distributors in No. 88-1062.
Before RUTH B. GINSBURG, D.H. GINSBURG, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
In the orders we review, the Federal Energy Regulatory Commission ("FERC" or "the Commission") permitted Panhandle Eastern Pipe Line Company ("Panhandle") to transport natural gas from Oklahoma directly to National Steel Corporation's ("National") Great Lakes Steel Division plant in Michigan, bypassing the local distribution network of Michigan Consolidated Gas Company ("MichCon...
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