OKLAHOMA NATURAL GAS CO. v. F.E.R.C.

No. 89-1376.

906 F.2d 708 (1990)

OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONEOK INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Williams Natural Gas Company, Ladd Gas Marketing, Inc., PowerSmith Cogeneration Project, Limited Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1990.


Attorney(s) appearing for the Case

William I. Harkaway, with whom C. Burnett Dunn, Gerald L. Hilsher, Brad D. Fuller and John L. Arrington, Jr. were on the brief, for petitioner.

Catherine C. Cook, Atty., F.E.R.C., with whom Jerome M. Feit, Sol., was on the brief, for respondent. Katherine Waldbauer, Atty., F.E.R.C., also entered an appearance, for respondent.

Harold L. Talisman, Megan A. Sperling and John H. Cary for Williams Natural Gas Co., Douglas E. Nordlinger and John N. Estes for PowerSmith Cogeneration Project, Ltd. Partnership, and James L. Trump and Michael T. Mishkin for Ladd Gas Marketing, Inc., were on the joint brief, for intervenors. Maria M. Jackson, for Williams Natural Gas Co., also entered an appearance, for intervenors.

Before RUTH B. GINSBURG, SILBERMAN and THOMAS, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Oklahoma Natural Gas Company ("ONG") petitions for review of an order of the Federal Energy Regulatory Commission ("FERC") authorizing Williams Natural Gas Company ("Williams") to construct and operate a 12.4 mile pipeline connecting Williams' interstate pipeline to PowerSmith Cogeneration Project ("PowerSmith") in Oklahoma City, Oklahoma. See Williams Natural Gas Co.,

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