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OKLA. NAT. GAS CO. v. F.E.R.C.

No. 90-1603.

940 F.2d 699 (1991)

OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONEOK, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Williams Natural Gas Company, Ladd Gas Marketing, Inc., PowerSmith Cogeneration Project, Limited Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1991.

As Amended August 2, 1991.

Attorney(s) appearing for the Case

William I. Harkaway, with whom Kathleen Mazure, Washington, D.C., C. Burnett Dunn, and Brad D. Fuller, were on the brief, Tulsa, Okl., for petitioner.

Jerome M. Feit, Sol., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Joel M. Cockrell, Atty., F.E.R.C., were on the brief, Washington, D.C., for respondent. Catherine C. Cook, Atty., F.E.R.C., also entered an appearance, Washington, D.C., for respondent.

Ronald N. Carroll, with whom Harold L. Talisman and John H. Cary, Washington, D.C., for Williams Natural Gas Co., John N. Estes and Douglas E. Nordlinger, Washington, D.C., for PowerSmith Cogeneration Project, Ltd. Partnership, and Mark L. Van Scoyk, Denver, Colo., for Ladd Gas Marketing, Inc., were on the joint brief, for intervenors. Megan A. Sperling also entered an appearance, Washington, D.C., for intervenor, Williams Natural Gas Co.

Before RUTH BADER GINSBURG, SILBERMAN, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

We remanded this case to the Federal Energy Regulatory Commission (FERC) last year because we did not understand the Commission's reasons for asserting jurisdiction over the proposed transaction — the construction of a 12.4 mile pipeline connecting an interstate pipeline to a cogeneration power project. Oklahoma Natural Gas Co. v. FERC, 906 F.2d...

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