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WILLISTON BASIN INTERSTATE PIPELINE CO. v. F.E.R.C.

No. 90-1205.

931 F.2d 948 (1991)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Colorado Interstate Gas Company, K.N. Energy, Inc., Montana Consumer Counsel, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 30, 1991.

As Amended April 30, 1991.

Attorney(s) appearing for the Case

Robert T. Hall, III, New York City, with whom Stephen L. Huntoon, Randall V. Griffin, Washington, D.C., and Paul K. Sandness, Bismark, N.D., were on the brief, for petitioner.

Joel M. Cockrell, Atty., F.E.R.C., with whom William S. Scherman, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., were on the brief, Washington, D.C., for respondent.

Alan J. Roth, with whom Cynthia S. Bogorad, Rise J. Peters, Washington, D.C., Robert Nelson, Robin McHugh, Helena, Mont., and Douglas Eidahl, Pierre, S.D., were on the brief, for intervenors Montana Consumer Counsel, Montana Public Service Com'n and Public Utilities Com'n of South Dakota.

James Howard, Washington, D.C., entered an appearance for intervenor Colorado State Gas.

Carl W. Ulrich, Washington, D.C., entered an appearance for intervenor K.N. Energy, Inc.

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

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

When a natural gas pipeline company extends its facilities to a producing field, the resources committed to the field are uniquely valuable there; the pipeline is therefore dependent on the producers' continued willingness to sell. By the same token, as gradual depletion of the field diminishes the producers' bargaining power with alternative gas purchasers...

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