TRUNKLINE GAS CO. v. F.E.R.C.

No. 88-1437.

880 F.2d 546 (1989)

TRUNKLINE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Michigan Consolidated Gas Company, Consumers Power Company, Mississippi River Transmission Corporation, Columbia Gas Transmission Corporation, Indiana Gas Company, Inc., Panhandle Eastern Pipe Line Company, General Service Customer Group, Michigan Gas Utilities Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 1989.


Attorney(s) appearing for the Case

Raymond N. Shibley, with whom Lawrence G. Acker, Washington, D.C., was on the brief, for petitioner and also entered appearances for intervenor Panhandle Eastern Pipe Line Co. Bruce W. Neely, Washington, D.C., also entered an appearance for petitioner and for intervenor Panhandle Eastern Pipe Line Co.

Jill Hall, Atty., Federal Energy Regulatory Com'n with whom Catherine C. Cook, General Counsel, and Jerome M. Feit, Sol., Federal Energy Regulatory Com'n, Washington, D.C., were on the brief, for respondent. Dwight Alpern also entered an appearance for respondent.

William M. Lange, Daniel W. McGill, Indianapolis, Ind., Tom Rattray, Frederic J. George and John R. Schaefgen, Jr., Washington, D.C., were on the joint brief for intervenors.

Jeffrey M. Petrash and James H. Holt, Washington, D.C., entered appearances for intervenor Michigan Consol. Gas Co.

David T. Andril and Platt W. Davis, III, Washington, D.C., entered appearances for intervenor Mississippi River Transmission Corp.

Ronald E. Christian entered an appearance for intervenor Indiana Gas Co., Inc.

Richard M. Merriman, Washington, D.C., entered an appearance for intervenors General Service Customer Group and Michigan Gas Utilities Co.

Before MIKVA and WILLIAMS, Circuit Judges, and WILL, Senior District Judge.


Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Trunkline Gas Company contests FERC's deletion of its minimum bill. In support of its action, the Commission cites several recent decisions of this court approving its efforts to eliminate most minimum bills as being anticompetitive and unjust. See, for example, East Tennessee Natural Gas Company v. FERC, 863 F.2d 932 (D.C.Cir...

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