SOUTHERN NATURAL GAS CO. v. F.E.R.C.

No. 88-1110.

877 F.2d 1066 (1989)

SOUTHERN NATURAL GAS COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Texas Eastern Transmission Corporation, Atlanta Gas Light Co., United Cities Gas Co., City of Albany, Georgia, Board of Water, Gas & Light Commissioners, Chattanooga Gas Co., Columbia Nitrogen Corp., South Carolina Pipeline Corp., Georgia Industrial Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1989.


Attorney(s) appearing for the Case

James J. Flood, Jr., Washington, D.C., with whom William A. Major, Jr., Donna J. Bailey, Birmingham, Ala., and W. Perry Webb, Tuscaloosa, Ala., were on the brief, for petitioner.

Robert H. Solomon, Atty., F.E.R.C., Washington, D.C., (FERC), for respondent. Catherine C. Cook, General Counsel, Joseph S. Davies, Deputy Sol., and John H. Conway, Atty., FERC, Washington, D.C., were on the brief, for respondent. Dwight Alpern, Atty., FERC, Washington, D.C., also entered an appearance, for respondent.

John E. Holtzinger, Jr. and John T. Stough, Jr., Washington, D.C., entered appearances for intervenor Atlanta Gas Light Co.

Jerry W. Amos, Greensboro, N.C., entered an appearance for intervenor United Cities Gas Co.

Robert B. Langstaff, Albany, Ga., entered an appearance for intervenor City of Albany, Ga., Bd. of Water, Gas and Light Com'rs.

Glenn W. Letham and Kenneth M. Albert, Washington, D.C., entered appearances for intervenor Chattanooga Gas Co.

Frederic G. Berner, Jr., Nancy Y. Gorman, Washington, D.C., and James L. Clegg entered appearance for intervenor Columbia Nitrogen Corp., et al.

Stanley M. Morley, Joel F. Zipp and Paul W. Diehl, Washington, D.C., entered appearances for intervenor South Carolina Pipeline Corp.

Edward J. Grenier, Jr., Washington, D.C., entered an appearance for intervenor Georgia Indus. Group.

Judy M. Johnson entered an appearance for intervenor Texas Eastern Transmission Corp.

Before WALD, Chief Judge, and EDWARDS and D.H. GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Southern Natural Gas Company petitions for review of (1) an April 30, 1986 decision of the Federal Energy Regulatory Commission (FERC) (Decision I) rejecting certain aspects of filings submitted by Southern; and (2) FERC's December 17, 1987 decision (Decision II) denying Southern's petition for rehearing. We grant the requested relief in one respect, and otherwise dismiss...

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