The BROOKLYN UNION GAS COMPANY, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 7, 1990.
February 7, 1990.
Attorney(s) appearing for the Case
Joanne Levegue, Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., for F.E.R.C.
Michael W. Hall, Kenneth T. Maloney, Cullen & Dykman, Washington, D.C., for Brooklyn Union Gas Co.
John S. Schmid, Schiff, Hardin & Waite, Washington, D.C., for Delmarva Power & Light Co.
Barbara K. Heffernan, McCarthy, Sweeney & Harkaway, Washington, D.C., for Consol. Edison Co. of N.Y., Inc.
John E. Holtzinger, Jr., John T. Stough, Jr., Newman & Holtzinger, Washington, D.C., for Atlanta Gas Light Co.
Michael J. Fremuth, Andrews & Kurth, Washington, D.C., for Transcontinental Gas Pipe Line Corp.
Gregory Grady, Richard H. Davidson, Washington, D.C., for N.C. Natural Gas Corp. and Public Service Co. of N.C., Inc.
Morton L. Simons, Washington, D.C., for N.C. Utilities Com'n.
Before CLARK, Chief Judge, BROWN, and JOHNSON, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
JOHN R. BROWN, Circuit Judge:
As a fallout1 from FERC Opinions 2602 and 260A3 the issue is whether the Commission could properly impose on Transco the mandatory use of a "3-day Peak" in cost allocation for D-1 charges. We hold FERC could not do so and vacate the order and remand to the Commission for further proceedings.
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