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COLORADO INTERSTATE GAS CO. v. F.E.R.C.

No. 88-1932.

904 F.2d 1456 (1990)

COLORADO INTERSTATE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The Gates Rubber Company; Questar Pipeline Company; K N Energy, Inc.; City of Colorado Springs; Natural Gas Pipeline Company of America, Intervenors.

United States Court of Appeals, Tenth Circuit.

May 31, 1990.

Attorney(s) appearing for the Case

William W. Brackett (Rebecca N. Noecker, Vice President and Asst. Gen. Counsel, Colorado Interstate Gas Co., Colorado Springs, Colo.; Daniel F. Collins, Sr. Vice President, Donald C. Shepler, Gen. Atty., and Kathrine L. Henry, Sr. Atty., Colorado Interstate Gas Co., Washington, D.C., with him on the briefs), Washington, D.C., for petitioner.

Robert H. Solomon, Atty. (Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., with him on the briefs), Federal Energy Regulatory Com'n, Washington, D.C., for respondent.

Paul Korman (Paul W. Mallory, Paul E. Goldstein, and Joseph M. Wells, Lombard, Ill.; and J. Curtis Moffatt of Gardner, Carton & Douglas, Washington, D.C., with him on the briefs) Washington, D.C., for intervenor.

Before LOGAN and BRORBY, Circuit Judges, and BRATTON, District Judge.

BRORBY, Circuit Judge.

Petitioner Colorado Interstate Gas Co. (CIG) appeals two final administrative orders of the Federal Energy Regulatory Commission (FERC, or Commission) relating to the rates CIG may charge for the sale and transportation of natural gas. Specifically, CIG asserts FERC erred in ordering the elimination of the fixed-cost minimum commodity bill provision in CIG's service agreement with Natural Gas Pipeline...

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