MIDWEST ENERGY, INC. v. F.E.R.C.

No. 88-1259.

870 F.2d 660 (1989)

MIDWEST ENERGY, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, KN Energy, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 1989.


Attorney(s) appearing for the Case

Dennis Lane, with whom Richard A. Solomon, Washington, D.C., was on the brief, for petitioner. David D'Alessandro also entered an appearance for petitioner.

Richard Aylwin White, Atty., Federal Energy Regulatory Com'n ("FERC"), Washington, D.C., with whom Catherine C. Cook, General Counsel, and Joseph S. Davies, Deputy Sol., FERC, Washington, D.C., were on the brief, for respondent. Joel M. Cockrell and Hanford O'Hara, Attys., FERC, Washington, D.C., also entered appearances for respondent.

John T. Miller, Jr., Washington, D.C., was on the brief, for intervenor.

Before RUTH BADER GINSBURG, SILBERMAN, and BUCKLEY, Circuit Judges.


PER CURIAM:

Midwest Energy, Inc., petitions for review of a Federal Energy Regulatory Commission ("FERC" or "Commission") order construing section 104 of the Natural Gas Policy Act of 1978 ("NGPA"), 15 U.S.C. § 3314 (1982). This section provides that, for natural gas "committed or dedicated to interstate commerce on November 8, 1978" for which a "just and reasonable rate under the Natural Gas Act [15 U.S.C. § 717 et seq.] was in effect," id.

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