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OZARK GAS TRANSMISSION SYSTEM v. F.E.R.C.

Nos. 87-1751, 88-1411.

897 F.2d 548 (1990)

OZARK GAS TRANSMISSION SYSTEM, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1990.

Attorney(s) appearing for the Case

Karol Lyn Newman, with whom Brian R. Gish and Steven J. Ross, Washington, D.C., were on the brief, for petitioner.

Joel M. Cockrell, with whom David N. Cook, Acting Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., were on the brief, for respondent.

Before MIKVA, RUTH BADER GINSBURG, and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In 1985, the Federal Energy Regulatory Commission ("FERC") began efforts to increase competition among natural gas pipelines by permitting pipeline companies to carry natural gas on an "open-access, self-implementing" basis. Petitioner, Ozark Gas Transmission System ("Ozark"), sought an open-access blanket certificate for its interstate natural gas pipeline. Because of peculiarities...

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