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NATURAL GAS PIPELINE CO. OF AMERICA v. F.E.R.C.

No. 88-1930.

904 F.2d 1469 (1990)

NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of Colorado; Western Gas Supply Company; Cheyenne Light Fuel and Power Company; The Gates Rubber Company; The City of Colorado Springs; Questar Pipeline Company; KN Energy, Inc., Intervenors.

United States Court of Appeals, Tenth Circuit.

May 31, 1990.

Attorney(s) appearing for the Case

Paul Korman (Paul W. Mallory, Paul E. Goldstein, and Joseph M. Wells, Lombard, Illinois; and J. Curtis Moffatt of Gardner, Carton & Douglas, 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 Commission, Washington, D.C. for respondent.

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 intervenor.

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

BRORBY, Circuit Judge.

Petitioner Natural Gas Pipeline Co. of America (NGPL) appeals a Federal Energy Regulatory Commission (FERC, or Commission) decision prospectively eliminating the minimum bill provision in NGPL's gas supply contract with Colorado Interstate Gas Co. (CIG). Specifically, NGPL claims FERC erred in eliminating the provision prospectively from November 18, 1987, the date of its order, rather than retroactively to September 28, 1985, the date CIG's...

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