NORTHWEST PIPELINE CORP. v. F.E.R.C.

No. 88-2261.

905 F.2d 1403 (1990)

NORTHWEST PIPELINE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Questar Pipeline Company; Colorado Interstate Gas Company; Washington Natural Gas Company; Cascade Natural Gas Corporation; Southwest Gas Corporation; ANR Pipeline Company; Pacific Gas and Electric Company; and Natural Gas Corporation of California, Intervenors.

United States Court of Appeals, Tenth Circuit.

June 13, 1990.


Attorney(s) appearing for the Case

Steven W. Snarr, Asst. General Counsel, (Mark C. Moench, Sr. Atty., on the briefs) Salt Lake City, Utah, for petitioner Northwest Pipeline Corp.

Robert Wolfe, Atty., (Catherine C. Cook, General Counsel and Jerome Feit, Sol., on the brief) Washington, D.C., for respondent F.E.R.C.

Gary G. Sacket, Div. Counsel, Salt Lake City, Utah, for Intervenor Questar Pipeline Co.

Robert B. McLennan, Atty., San Francisco, Cal., for Intervenors Pacific Gas and Electric Co. and Natural Gas Corp. of California.

Daniel F. Collins, Donald C. Shepler, and Kathrine L. Henry, Washington, D.C., on the brief, for Intervenors ANR Pipeline Co. and Colorado Interstate Gas Co.

Before McKAY, MOORE, and ANDERSON, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Northwest Pipeline Corporation (Northwest) petitions for review of two orders of the Federal Energy Regulatory Commission (FERC or the Commission) asserting jurisdiction over certain facilities under § 1(b) of the Natural Gas Act (NGA), 15 U.S.C. § 717(b). Northwest urges the production and gathering exclusion of § 717(b) exempts these facilities. Finding error in the Commission's assertion of jurisdiction, we reverse the...

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