ANR PIPELINE CO. v. F.E.R.C.

No. 88-1292.

870 F.2d 717 (1989)

ANR PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Conoco Incorporated, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1989.


Attorney(s) appearing for the Case

William W. Brackett, with whom Daniel F. Collins, Terry O. Brackett, and Steven A. Taube, Washington, D.C., were on the brief, for petitioner. Fern L. McGovern, Washington, D.C., entered an appearance for petitioner.

Samuel Soopper, Attorney, F.E.R.C. ("FERC"), with whom Catherine C. Cook, Gen. Counsel, Joseph S. Davies, Deputy Sol., and Douglas Law, Atty., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Carolyn S. Hazel, Houston, Tex., John P. Beall, Kathleen E. Magruder, Houston, Tex., and Michael L. Pate were on the joint brief for intervenors in support of respondent.

Thomas H. Burton, Houston, Tex., entered an appearance for intervenor Conoco Inc.

James D. Hurley, New Orleans, La., entered an appearance for intervenor Texaco Producing, Inc.

Harris S. Wood, Craig W. Hulvey, and Kevin M. Sweeney, Washington, D.C., entered appearances for intervenor ARCO Oil and Gas Co.

Before ROBINSON, STARR, and BUCKLEY, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In 1979, a federal agency determined that two off-shore wells drilled by Conoco Inc. would produce natural gas from a reservoir discovered on or after July 27, 1976. As a result, Conoco became entitled to charge the incentive price authorized under the Natural Gas Policy Act of 1978 for "new natural gas." Based on information developed after...

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