PENNSYLVANIA PUBLIC UTILITY COM'N v. F.E.R.C.

No. 88-1446.

881 F.2d 1123 (1989)

PENNSYLVANIA PUBLIC UTILITY COMMISSION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Equitable Gas Co., Equitrans, Inc., Pennsylvania Office of Consumer Advocate, Public Service Commission of West Virginia, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 1989.

As Amended August 11, 1989.


Attorney(s) appearing for the Case

Veronica A. Smith with whom John F. Povilaitis, Harrisburg, Pa., were on the brief, for petitioner.

Daniel P. Delaney also entered an appearance, for petitioner.

Timm L. Abendroth, Atty., F.E.R.C., Washington, D.C., with whom Catherine C. Cook, General Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief, for respondent.

Stephen E. McGregor with whom Jennifer K. Walter, John S.L. Katz, Washington, D.C., John N. Estes, and Daniel J. Kortum were on the brief, for intervenors Equitable Gas Co. and Equitrans, Inc.

Kent D. Murphy, Harrisburg, Pa., with whom Philip F. McClelland, Westfield, N.Y., was on the brief, for intervenor Pennsylvania Office of Consumer Advocate.

Richard E. Hitt entered an appearance, for intervenor Public Service Com'n of West Virginia.

Before ROBINSON, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Pennsylvania Public Utility Commission ("PPUC"), joined by intervenor, the Pennsylvania Office of Consumer Advocate ("POCA"), petitions for review of three orders of the Federal Energy Regulatory Commission ("FERC" or "the Commission") that permit intervenor Equitable Gas Company ("Equitable"), a local distributor and retailer of natural gas in Pennsylvania, West Virginia, and...

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