TRANSCONTINENTAL GAS PIPE LINE CORP. v. F.E.R.C.

No. 88-1000.

866 F.2d 477 (1989)

TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Niagara Mohawk Power Corporation, East Ohio Gas Company, et al., Public Service Electric and Gas Co., Pennzoil Co., Peoples Natural Gas Company, The Brooklyn Union Gas Company, Hope Gas, Inc., Philadelphia Electric Company, Public Service Commission of the State of New York, Texas Eastern Transmission Corp., Process Gas Consumers Group, CNG Transmission Corporation, Boston Gas Company, et al., Long Island Lighting Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1989.


Attorney(s) appearing for the Case

Thomas F. Ryan, Jr., with whom Robert G. Hardy, Washington, D.C., John W. Ebert and Anthony J. Ivancovich were on the brief, for petitioner.

Joel M. Cockrell, Attorney, F.E.R.C., with whom Catherine C. Cook, General Counsel and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Harry H. Voigt, for Niagara Mohawk Power Corp., with whom Mark G. Magnuson, Washington, D.C., James L. Blasiak, for Consolidated Natural Gas Service Co., Inc., Stephen E. Williams, John E. Holtzinger, Jr., Washington, D.C., Kevin J. Lipson, for CNG Transmission Corp., Linda Gillespie Stuntz, Washington, D.C., Richard D. Avil, Jr., Cleveland, Ohio, for East Ohio Gas Co. and The River Gas Co., Marc A. Halbritter, R.S. Elliott, for Hope Gas, Inc., Mindy A. Buren, for Niagara Mohawk Power Corp., Kevin J. McKeon, for The Peoples Natural Gas Co., Christine P. Benagh, Neal J. Cabral, Washington, D.C., Richard N. George, Rochester, N.Y., for Rochester Gas and Elec. Corp., were on the brief, for joint intervenors CNG Transmission Corp., et al.

David L. Konick, Washington, D.C., for The Brooklyn Union Gas Co., James F. Bowe, Jr., for Long Island Lighting Co., Kathleen A. Kane, for Philadelphia Elec. Co., Joseph M. Oliver, Jr., for New Jersey Natural Gas Co., William R. Hoatson, Newark, N.J., and Shawn P. Leyden, Trenton, N.J., for Public Service Elec. and Gas Co., were on the brief for joint intervenors The Brooklyn Union Gas Co., et al.

Before WALD, Chief Judge, and STARR and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

Transcontinental Gas Pipeline Corporation ("Transco") seeks review of two orders of the Federal Energy Regulatory Commission approving a contested settlement of rate increases filed by Consolidated Natural Gas Transmission Corporation. Consolidated Gas Transmission Corp., 38 FERC ¶ 61,150 (1987) ("Order Approving Offer of Settlement Subject to Conditions"); Consolidated...

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