PROCESS GAS CONSUMERS GROUP v. F.E.R.C.

No. 89-1739.

930 F.2d 926 (1991)

The PROCESS GAS CONSUMERS GROUP, the American Iron and Steel Institute and the Georgia Industrial Group, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The Public Utilities Commission of the State of California, Interstate Natural Gas Association of America, the National Association of Regulatory Utility Commissioners, the Association of Business Advocating Tariff Equity, American Gas Association, Gas Research Institute, and Office of the Consumers' Counsel, State of Ohio, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 1991.


Attorney(s) appearing for the Case

William H. Penniman, for petitioners, The Process Gas Consumers Group, The American Iron and Steel Institute, and The Georgia Industrial Group, and intervenor, The Ass'n of Businesses Advocating Tariff Equity.

Samuel Soopper, Attorney, F.E.R.C., with whom William S. Scherman, General Counsel, F.E.R.C., and Joseph S. Davies, Deputy Sol., F.E.R.C., were on the brief for respondent. Joel M. Cockrell and Jerome M. Feit, Attorneys, F.E.R.C., also entered appearances for respondent.

James M. Broadstone, with whom Peter C. Lesch and Steven M. Kramer, for Gas Research Institute, John H. Cheatham, III, and Jean E. Sonneman, for Interstate Natural Gas Ass'n of America, James T. Quinn, for The Public Utilities Com'n of the State of Cal., David J. Muchow and Eric N. Wise, for American Gas Ass'n, and Paul Rodgers and Charles D. Gray, for The Nat. Ass'n of Regulatory Utility Com'rs, were on the joint brief, for intervenors.

Janice E. Kerr also entered an appearance for intervenor The Public Utilities Com'n of the State of Cal.

William A. Spratley, Margaret Ann Samuels and Joseph P. Serio were on the brief for intervenor Office of the Consumers' Counsel, State of Ohio.

Before WALD, RUTH BADER GINSBURG and THOMAS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioners seek review of decisions issued by the Federal Energy Regulatory Commission ("FERC" or "Commission") on remand from this court's decision in Process Gas Consumers Group v. FERC, 866 F.2d 470 (D.C.Cir.1989) ("PGC I"). At issue is FERC's approval of a natural gas rate surcharge to support "end-use" research by the Gas Research Institute...

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