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MORAINE PIPELINE CO. v. F.E.R.C.

No. 88-1849.

906 F.2d 5 (1990)

MORAINE PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Wyoming-California Pipeline Company, Wisconsin Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 1990.

Attorney(s) appearing for the Case

Philip R. Telleen, with whom Paul E. Goldstein and Paul Korman, were on the brief, for petitioner.

Katherine Waldbauer, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, and Joseph S. Davies, Deputy Solicitor, F.E.R.C., were on the brief, for respondent.

Bruce F. Kiely and Jane G. Adams were on the brief, for intervenor Wisconsin Natural Gas Co.

Bernard A. Foster III, G. William Stafford, Daniel F. Collins, and G. Mark Cook entered appearances, for intervenor Wyoming-California Pipeline Co.

Before SILBERMAN, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

Concurring opinion filed by Circuit Judge SILBERMAN.

BUCKLEY, Circuit Judge:

Moraine Pipeline Company petitions for review of Federal Energy Regulatory Commission orders granting Moraine an optional expedited certificate to construct and operate a natural gas pipeline. The sole issue presented is whether FERC properly conditioned the certificate on the requirement that Moraine base its rates on...

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