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KANSAS POWER AND LIGHT CO. v. F.E.R.C.

No. 89-1160.

891 F.2d 939 (1989)

The KANSAS POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Williams Natural Gas Company, Atlas Powder Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 15, 1989.

Attorney(s) appearing for the Case

Martin J. Bregman, with whom John K. Rosenberg, William I. Harkaway and Carl M. Fink, Washington, D.C., were on the brief, for petitioner. Harvey L. Reiter, Washington, D.C., also entered an appearance for petitioner.

Timm L. Abendroth, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief, for respondent. Jerome M. Feit and Hanford O'Hara, Attys., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Gregory Grady and Douglas O. Waikart, Washington, D.C., for Williams Natural Gas Co., et al., Stuart W. Conrad, Kansas City, Mo., and Joseph Stubbs, Washington, D.C., for Atlas Powder Co., were on the joint brief for intervenors. John E. Holtzinger, Jr., Washington, D.C., also entered an appearance for Atlas Powder Co.

Before WILLIAMS and SENTELLE, Circuit Judges, and ROBINSON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Kansas Power & Light, a local distribution company, appeals from a decision of the Federal Energy Regulatory Commission amending the certificate under which the Williams Natural Gas Company, an interstate pipeline, sells gas to Atlas Powder Company. Before the amendment Williams and KPL each supplied portions of Atlas's demand, KPL using gas in turn supplied...

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