RAILROAD COM'N OF TEXAS v. F.E.R.C.

Nos. 86-1681, 86-1688.

874 F.2d 1338 (1989)

The RAILROAD COMMISSION OF TEXAS, and J.B. Watkins, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern Natural Gas Company, Division of Enron Corp.; Phillips Petroleum Company; Cabot Pipeline Corporation; Dorchester Master Limited Partnership; Texaco Producing Inc.; Mobil Producing Texas & New Mexico Inc.; Natural Gas Pipeline Company of America; the Energy Issues Intervention Office of the Minnesota Department of Public Service; Northern States Power Companies, Intervenors.

United States Court of Appeals, Tenth Circuit.

April 28, 1989.


Attorney(s) appearing for the Case

Renea Hicks (Jim Mattox, Atty. Gen. of Texas, Mary F. Keller, Executive Asst. Atty. Gen. for Litigation; and Larry J. Laurent, Sp. Asst. Atty. Gen., Austin, Tex., General Environmental and Natural Resources Group, on the briefs), Special Asst. Atty. Gen. of Texas, Attorney of Record, for the Railroad Commission of Texas.

Joe H. Foy, of Bracewell & Patterson, of Houston, Tex., for J.B. Watkins.

John H. Conway (Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., with him on the brief), Attorney, for F.E.R.C.

James L. Trump (Philip R. Ehrenkranz and Paul F. Forshay, of Squire, Sanders & Dempsey, of Washington, D.C., with him on the brief), of Squire, Sanders & Dempsey, of Washington, D.C., for Dorchester Master Limited Partnership.

John L. Williford and Jennifer A. Cates, of Bartlesville, Okl., for Phillips Petroleum Co.

Paul E. Goldstein, Jerome Mrowca, and Barbara A. Gustafson, of Lombard, Ill., for Natural Gas Pipeline Co. of America.

Frank J. Duffy, Vice President and General Counsel, and Jane G. Alseth, of Northern Natural Gas Company, Division of Enron Corp., of Omaha, Neb., Patrick J. McCarthy, of Adams and McCarthy, of Omaha, Neb., and George J. Meiburger and Steve Stojic, of Gallagher, Boland, Meiburger and Brosnan, of Washington, D.C., for Northern Natural Gas Co., Division of Enron Corp.

Gene R. Sommers, of Northern States Power Company, of Minneapolis, Minn., for Northern States Power Companies.

Christopher K. Sandberg, of the State of Minnesota, Attorney General's Office, of St. Paul, Minn., for the Energy Issues Intervention Office of the Minnesota Department of Public Service.

Before LOGAN, and TACHA, Circuit Judges, and ANDERSON, District Judge.


TACHA, Circuit Judge.

This case presents for review, pursuant to 15 U.S.C. § 717r(b) and 15 U.S.C. § 3416(a)(4), two orders issued by the Federal Energy Regulatory Commission (FERC). Those orders determined that J.B. Watkins had violated federal law by selling natural gas at a price in excess of the statutorily established maximum price. We hold that there are no procedural grounds for reversal of FERC's orders, that FERC's findings of fact are based upon...

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