OFFICE OF THE CONSUMERS' COUNSEL v. F.E.R.C.

No. 89-1261.

914 F.2d 290 (1990)

The OFFICE OF THE CONSUMERS' COUNSEL, STATE OF OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Panhandle Eastern Pipe Line Co., Citizens Gas & Coke Utility, East Ohio Gas Co., Indiana Gas Co., Inc., Association of Businesses Advocating Tariff Equity, Panhandle Customer Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1990.


Attorney(s) appearing for the Case

Margaret Ann Samuels, with whom Thomas W. Atzberger and Loretta B. Looper, were on the brief, for petitioner.

Timm L. Abendroth, Atty., F.E.R.C. ("FERC"), with whom Joseph S. Davies, Deputy Solicitor, F.E.R.C., was on the brief, for respondent. Jill Hall, Atty., F.E.R.C., also entered an appearance for respondent.

Raymond N. Shibley, with whom Lawrence G. Acker, Frank R. Lindh, and Judy M. Johnson were on the brief, for intervenor Panhandle Eastern Pipe Line Co. Bruce W. Neely, also entered an appearance for intervenor Panhandle.

William P. Diener and Steven M. Sherman entered appearances for intervenor Citizens Gas & Coke Utility.

Carolyn Y. Thompson and Richard D. Avil, Jr., entered appearances for intervenor East Ohio Gas Co.

Ronald E. Christian and Tomm Rattray entered appearances for intervenor Indiana Gas Co., Inc.

Glen S. Howard entered an appearance for intervenor Association of Businesses Advocating Tariff Equity.

Richard M. Merriman, John R. Schaefgen, Jr., and Randall V. Griffin, entered appearances for intervenor Panhandle Customer Group.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Office of the Consumers' Counsel of the State of Ohio seeks review of two orders of the Federal Energy Regulatory Commission approving purchased gas adjustment filings of the Panhandle Eastern Pipe Line Company. Petitioner claims that the Commission erred in reviewing certain of Panhandle's gas purchasing practices exclusively under a fraud and abuse standard, when it should...

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