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BD. OF WATER, LIGHT & SINKING F. COM'RS v. F.E.R.C.

No. 90-1377.

931 F.2d 94 (1991)

BOARD OF WATER, LIGHT AND SINKING FUND COMMISSIONERS OF the CITY OF DALTON, GEORGIA, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Atlanta Gas Light Company, Chattanooga Gas Company, Southern Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1991.

Attorney(s) appearing for the Case

John T. Miller, Jr., for petitioner.

Catherine C. Cook, Atty., FERC, for respondent. William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Katherine Waldbauer, Atty., FERC, were on the brief for respondent.

James J. Flood, Jr., William A. Major, Jr., Donna J. Bailey, and W. Perry Webb were on the brief for intervenor, Southern Natural Gas Co.

John T. Stough, Jr., John E. Holtzinger, Jr., and Jacolyn A. Simmons entered appearances for intervenor, Atlanta Gas Light Company and Chattanooga Gas Co.

Before D.H. GINSBURG, SENTELLE, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The Board of Water, Light and Sinking Fund Commissioners of the City of Dalton, Georgia (hereinafter "Dalton") challenged before the Federal Energy Regulatory Commission certain of the costs included in the Southern Natural Gas Company's Purchased Gas Adjustment filing of January 1990. The Commission rejected the challenge both as precluded and as ill-founded on its merits...

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