PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Southwest Gas Corporation, El Paso Municipal Customer Group, Southern California Gas Company, Conoco, Incorporated, Arizona Public Service Company, et al., Gas Company of New Mexico, Southern Union Gas Company, El Paso Natural Gas Company, Intervenors.
EL PASO NATURAL GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Southwest Gas Corporation, Public Utilities Commission of the State of California, El Paso Municipal Customer Group, Southern California Gas Company, Conoco, Incorporated, Arizona Public Service Company, et al., Pacific Gas and Electric Company, Gas Company of New Mexico, Southern Union Gas Company, El Paso Natural Gas Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 14, 1989.
Decided February 2, 1990.
Attorney(s) appearing for the Case
Harvey Y. Morris, with whom Janice E. Kerr and J. Calvin Simpson, San Francisco, Cal., were on the brief, for Public Utilities Com'n of the State of Cal., petitioner in No. 88-1530 and intervenor in No. 88-1572.
Richard C. Green, with whom Kim M. Clark, Washington, D.C., Donald J. MacIver, Jr. and Richard Owen Baish, El Paso, Tex., were on the brief, for El Paso Natural Gas Co., petitioner in No. 88-1572 and intervenor in No. 88-1530. Rush Moody, Jr., Washington, D.C., Scott D. Fobes and Michael D. Ferguson, El Paso, Tex., also entered appearances for El Paso Natural Gas Co.
Timm Abendroth, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.
William I. Harkaway, Douglas M. Canter and Steven J. Kalish, Washington, D.C., entered appearances for Southwest Gas Corp., intervenor in Nos. 88-1530 and 88-1572.
Susan N. Kelly and John P. Gregg, Washington, D.C., entered appearances for El Paso Mun. Customer Group, intervenor in Nos. 88-1530 and 88-1572.
Douglas Kent Porter and E.R. Island, Los Angeles, Cal., entered appearances for Southern California Gas Co., intervenor in Nos. 88-1530 and 88-1572.
Barbara S. Jost and Joel L. Greene, Washington, D.C., entered appearances for Arizona Public Service Co., et al., intervenors in Nos. 88-1530 and 88-1572.
Irving J. Golub, Houston, Tex., and J. Patrick Berry, entered appearances for Gas Co. of New Mexico, intervenor in Nos. 88-1530 and 88-1572.
Robert J. Haggerty, entered an appearance for Southern Union Gas Co., intervenor in Nos. 88-1530 and 88-1572.
Bruce A. Connell, Houston, Tex., entered an appearance for Conoco, Inc., intervenor in Nos. 88-1530 and 88-1572.
Lindsey How-Downing and Steven F. Greenwald, San Francisco, Cal., entered appearances for Pacific Gas and Elec. Co., intervenor in No. 88-1572.
Before MIKVA, WILLIAMS and D.H. GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
Opinion concurring in part and dissenting in part filed by Circuit Judge MIKVA.
STEPHEN F. WILLIAMS, Circuit Judge:
We deal here with complications arising from a change in the way the Federal Energy Regulatory Commission treats pipeline-produced gas as a component of an interstate pipeline's sales rates.
Under the Natural Gas Act of 1938, 15 U.S.C. § 717 et seq. (1988)...
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