WASHINGTON URBAN LEAGUE v. F.E.R.C.

No. 88-3793.

886 F.2d 1381 (1989)

WASHINGTON URBAN LEAGUE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Baltimore Gas and Electric Company, Columbia Gas Transmission Corporation, and Washington Gas Light Company, Intervenors.

United States Court of Appeals, Third Circuit.

Decided September 25, 1989.

As Amended November 1, 1989.

Rehearing and Rehearing Denied November 9, 1989.


Attorney(s) appearing for the Case

Morton L. Simons (argued), Simons & Simons, Charles E. Hill, Washington, D.C., for petitioner.

Catherine C. Cook, Gen. Counsel, Joseph S. Davies (argued), Deputy Sol., Frank R. Lindh, F.E.R.C., Washington, D.C., for respondent.

John H. Pickering, Timothy N. Black (argued), Gary D. Wilson, Susan D. McAndrew, Wilmer, Cutler & Pickering, Washington, D.C., Giles D.H. Snyder, Stephen J. Small, Richard L. Gottlieb, Columbia Gas Transmission Corp., Charleston, W.Va., for intervenor Columbia Gas Transmission Corp.

Jennifer N. Waters, Toni M. Fine, Crowell & Moring, Washington, D.C., Lynne H. Church, Robert Fleishman, Baltimore Gas and Elec. Co., Baltimore, Md., for intervenor Baltimore Gas and Elec. Co.

Before BECKER, STAPLETON, and GARTH, Circuit Judges.


Rehearing and Rehearing In Banc Denied November 9, 1989.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

This petition for review of an order of the Federal Energy Regulatory Commission presents questions concerning the interaction of a 1986 FERC order involving the Gulf Oil Corp. (Gulf) and a 1985 FERC-approved settlement involving the Columbia Gas Transmission Corp. (Columbia). The 1986 Gulf order resulted in, among other things, a payment of $37...

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