NEW YORK STATE ELEC. & GAS CORP. v. F.E.R.C.

No. 88-3321.

875 F.2d 43 (1989)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, North Penn Gas Company, Corning Natural Gas Corporation, The Public Service Commission of the State of New York, Intervenors.

United States Court of Appeals, Third Circuit.

Decided February 15, 1989.


Attorney(s) appearing for the Case

William J. Cronin, Jonathan D. Schneider (argued), Blossom A. Peretz, Huber, Lawrence & Abell, New York City, for petitioner.

Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., Timm Abendroth (argued), Atty., F.E.R.C., Washington, D.C., for respondent.

Francis H. Caskin, Paul W. Diehl, Morley, Caskin & Generelly, Washington, D.C., for intervenor Corning Natural Gas Corp.

Richard Solomon, David D'Allesandro, Wilner & Scheiner, Washington, D.C., for intervenor New York State Public Service Com'n.

Joshua L. Menter (argued), Goldberg, Fieldman & Letham, Washington, D.C., for intervenor North Penn Gas Co.

Before SEITZ, STAPLETON, and COWEN, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

New York State Electric & Gas Corporation ("NYSEG"), Corning Natural Gas Company ("Corning"), and the New York State Public Service Commission ("NYPSC"), collectively the "Petitioners," here petition for review of an order of the Federal Energy Regulatory Commission ("FERC") denying an application for additional rate refunds from North Penn Gas Company ("North Penn"). We will deny the petition.

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