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EL PASO NATURAL GAS CO. v. F.E.R.C.

No. 88-4510.

881 F.2d 161 (1989)

EL PASO NATURAL GAS CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

August 24, 1989.

Attorney(s) appearing for the Case

Donald J. McIver, Richard O. Baish, El Paso, Tex., Richard C. Green, Mary Anne Mason, Rush Moody, Jr., Washington, D.C., Scott D. Fobes, El Paso Natural Gas Co., El Paso, Tex., for El Paso Natural Gas Co.

Joanne Leveque, Jerome Feit, Sol., F.E.R.C., Washington, D.C., for F.E.R.C.

William I. Harkaway, Steven J. Kalish, Washington, D.C., for Southeast Gas Corp.

Lindsey How-Downing, San Francisco, Cal., for Pacific Gas and Elec. Co.

Douglas Kent Porter, Los Angeles, Cal., for Southern California Gas Co.

Harvey Y. Morris, San Francisco, Cal., for Public Utilities Com'n St. of Cal.

Howard L. Nelson, Washington, D.C., for The City of Willcox, Arizona and Arizona Elec. Power Co-op., Inc.

Susan N. Kelly, John P. Gregg, Washington, D.C., for El Paso Mun. Customer Group.

Irving Jacob Golub, Houston, Tex., for Gas Co. of New Mexico.

Before CLARK, Chief Judge, BROWN, and JOHNSON, Circuit Judges.

JOHNSON, Circuit Judge:

Petitioner El Paso Natural Gas Company (El Paso) appeals a decision of the Federal Energy Regulatory Commission (the Commission) interpreting a Stipulation and Agreement previously entered into between El Paso and the Commission in 1985. Persuaded that the Commission did not err in concluding that, under the terms of the 1985 settlement agreement, El Paso was not entitled to an offset in its rate adjustment...

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