PANHANDLE EASTERN PIPE LINE CO. v. F.E.R.C.

Nos. 89-1354, 89-1355.

907 F.2d 185 (1990)

PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mississippi River Transmission Corp., Trunkline Gas Company, Indiana Gas Company, Inc., Laclede Gas Company, Intervenors. TRUNKLINE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Laclede Gas Company, Panhandle Eastern Pipe Line Co., Indiana Gas Company, Inc., Mississippi River Transmission Corp., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1990.


Attorney(s) appearing for the Case

Raymond N. Shibley, with whom Bruce W. Neely, and Judy M. Johnson were on the brief, for petitioners in No. 89-1354 and 89-1355. Brian D. O'Neill also entered an appearance for petitioners.

Joel M. Cockrell, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Atty., F.E.R.C., were on the brief, for respondent in both cases.

David T. Andril, with whom Sarah P. Clement, Juanita Feigenbaum and Kenneth J. Neiss were on the joint brief, for intervenors Mississippi River Corp. and Laclede Gas Co. in Nos. 89-1354 and 89-1355.

Raymond N. Shibley, Brian D. O'Neill and Bruce W. Neely, entered appearances for intervenor Trunkline Gas Co. in Nos. 89-1354 and 89-1355.

Ronald E. Christian and Tom Rattray, entered appearances for intervenor Indiana Gas Co., Inc. in both cases.

Before EDWARDS, SILBERMAN and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

We deal here with the aftermath of our decision in Panhandle Eastern Pipe Line Co. v. FERC, 803 F.2d 726 (D.C.Cir.1986) (Panhandle I). There we held that an interstate pipeline's discontinuance of natural gas purchases is an abandonment of "service" within the meaning of § 7(b) of the Natural Gas...

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