EP OPERATING CO. v. F.E.R.C.

No. 88-4525.

876 F.2d 46 (1989)

EP OPERATING COMPANY, Hi Production Company, Inc., Opubco Resources, Inc., Penrod Energy Company, Hunt Petroleum Corporation, Petro-Hunt Corporation, Prosper Energy Corporation, and Placid Oil Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

June 27, 1989.


Attorney(s) appearing for the Case

William F. Demarest, Jr., Holland & Hart, Washington, D.C., for EP Operating Co.

M. Douglas Adkins, Gardere & Wynne, Dallas, Tex., for HI Production Co., Inc.

James L. Armour, Locke, Purnell, Rain & Harrell, Dallas, Tex., for Opubco Resources, Inc.

Andrew McCulloch, Dallas, Tex., for Hunt Petroleum Co.

Frank P. Saponaro, Jr., Morgan, Lewis & Bockius, Washington, D.C., for Penrod Energy Co., Petro-Hunt Corp., Prosper Energy Corp., and Placid Oil Co.

Robert Wolfe, Jerome Feit, Sol. FERC, Joanne Levegue, Washington, D.C., for F.E.R.C.

Before CLARK, Chief Judge, BROWN and JOHNSON, Circuit Judges.


CLARK, Chief Judge:

In December, 1987, Placid Oil Company, on behalf of itself and other operators, petitioned the Federal Energy Regulatory Commission for a declaratory order that no certificate of public convenience and necessity was required for the construction and operation of a proposed natural gas pipeline known as the Green Canyon Line. EP Operating Company subsequently intervened in the proceeding. According to the operators, this line would be a gathering...

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