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SOUTH CAROLINA PIPELINE CORP. v. F.E.R.C.

Nos. 88-3426 and 88-3569.

868 F.2d 650 (1989)

SOUTH CAROLINA PIPELINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Grace Petroleum Corporation, Pursue Energy Corporation, Atlanta Gas Light Company, Alabama Gas Corporation, The Georgia Industrial Group and USX Corporation, USS Division, Southern Natural Gas Company, 3300 Corporation, Snyder 3300 Limited Partnership, Public Service Commission of South Carolina, Intervenors.

United States Court of Appeals, Third Circuit.

Decided March 1, 1989.

Attorney(s) appearing for the Case

Stanley M. Morley (argued), Joel F. Zipp, Paul W. Diehl, Morley, Caskin & Generally, Washington, D.C., H. Thomas Arthur, South Carolina Pipeline Corp., Columbia, S.C., for petitioner.

Timm L. Abendroth (argued), Catherine C. Cook, Jerome M. Feit, F.E.R.C., Washington, D.C., for respondent.

James J. Flood, Jr. (argued), Flood & Ward, Washington, D.C., for intervenor Southern Natural Gas Co.

Jon L. Brunenkant, Grove, Jaskiewicz, Gilliam & Cobert, Washington, D.C., for intervenor Pursue Energy Corp.

Sarena D. Burch (argued), Columbia, S.C., for intervenor, Public Service Comm'n of South Carolina.

Before HIGGINBOTHAM, COWEN and ALDISERT, Circuit Judges.

PER CURIAM.

We must decide whether the Federal Energy Regulatory Commission ("FERC" or "the Commission") properly dismissed a complaint filed by South Carolina Pipeline Corporation ("Carolina") that sought a reduction in the prices payable under two gas purchase contracts between Southern Natural Gas Company ("Southern") and certain producer/suppliers of natural gas. Carolina transports and sells natural gas within the state of South Carolina. The major portion of...

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