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NEW ENGLAND FUEL INSTITUTE v. ECONOMIC REG. ADMIN.

No. 87-1746.

875 F.2d 882 (1989)

NEW ENGLAND FUEL INSTITUTE, Petitioner, v. ECONOMIC REGULATORY ADMINISTRATION, Respondent, Vermont Gas Systems, Inc., Granite State Gas Transmission, Inc., Public Advocate, State of Maine, New England Conference of Public Utilities Commissioners, Inc., et al., Alberta Northeast Gas, Limited, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Gary J. Klein, with whom Robert C. Platt, Washington, D.C., was on the brief, for petitioner.

Thomas H. Kemp, with whom Henry A. Gill and Marc Johnston, Washington, D.C., were on the brief, for respondent.

Thomas F. Brosnan, for intervenor Granite State Gas Transmission, Inc. Andrea J. Ercolano, Washington, D.C., also entered an appearance, for Granite State Gas Transmission, Inc.

Stephen G. Ward and John C. Dodge, for intervenor Public Advocate of the State of Maine, and Peter G. Ballou, Augusta, Me., for amici curiae, New England Conference of Public Utilities Com'rs, Inc., et al., were on a joint brief urging denial of the petition for review.

Frederick M. Lowther, Washington, D.C., entered an appearance, for intervenor Alberta Northeast Gas, Ltd.

Joel F. Zipp, George H. Williams, Jr., and Paul W. Diehl, Washington, D.C., entered appearances, for intervenor Vermont Gas Systems, Inc.

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

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner New England Fuel Institute ("NEFI"), an association of fuel oil distributors, has petitioned for review of a decision of respondent Economic Regulatory Administration ("ERA" or "the Administration") permitting Granite State Gas Transmission, Inc., to import Canadian natural gas. Granite State has intervened in support of ERA. Having fully considered NEFI's claims that...

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