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PROCESS GAS CONSUMERS GROUP v. F.E.R.C.

No. 88-1109.

866 F.2d 470 (1989)

PROCESS GAS CONSUMERS GROUP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, American Gas Association, Interstate Natural Gas Association of America, Fertilizer Institute, Gas Research Institute, Georgia Industrial Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

William H. Penniman, Washington, D.C., for petitioner.

Samuel Soopper, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief for respondent.

Hanford O'Hara, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

David J. Muchow, John H. Cheatham, III, James M. Broadstone, Frank X. Kelly and Peter C. Lesch, Washington, D.C., were on the joint brief for intervenors.

Carol A. Smoots entered an appearance for intervenor, American Gas Ass'n.

Edward B. Myers, Washington, D.C., entered an appearance for intervenor, Interstate Natural Gas Ass'n of America.

Stephen A. Herman, Washington, D.C., entered an appearance for intervenor, Fertilizer Institute.

Edward J. Grenier, Jr., Washington, D.C., entered an appearance for intervenor, Georgia Industrial Group.

Before: RUTH BADER GINSBURG and SILBERMAN, Circuit Judges, and FLOYD R. GIBSON, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Process Gas Consumers Group ("PGC") seeks review of an order of the Federal Energy Regulatory Commission approving a natural gas rate surcharge to support the 1988 research, development and demonstration budget of intervenor Gas Research Institute ("GRI"). Among other challenges, PGC asserts that a substantial portion of GRI's 1988 budget is devoted to the investigation of...

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