COLUMBIA GAS TRANSMISSION CORP. v. F.E.R.C.

No. 88-4426.

899 F.2d 426 (1990)

COLUMBIA GAS TRANSMISSION CORP., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

May 1, 1990.


Attorney(s) appearing for the Case

Richard A. Solomon, David D'Alessandro, Wilner & Scheiner, Washington, D.C., for Public Service Com'n of N.Y.

Joseph S. Davies, Timm L. Abendroth, Jerome Feit (argued), Sol., F.E.R.C., Washington, D.C., for respondents.

Richard L. Gottlieb (argued), Stephen J. Small, Charleston, W.Va., for petitioners.

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


JOHN R. BROWN, Circuit Judge:

The question is whether FERC properly required Columbia Gas Transportation Corporation (Columbia) to flow through to consumers payments made by its affiliate, Ozark Transmission (Ozark), to settle a § 16 enforcement action brought by the Commission against Ozark for violations of the Natural Gas Act (NGA). Intertwined are the related questions whether (i) the flow-through may be compelled as to periods during which Ozark's increased...

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