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TENNESSEE GAS PIPELINE CO. v. F.E.R.C.

No. 89-1785.

926 F.2d 1206 (1991)

TENNESSEE GAS PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Commission of the State of New York, Tennessee Small General Service Customer Group, Berkshire Gas Company, et al., Orange and Rockland Utilities, Inc., Long Island Lighting Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 5, 1991.

Attorney(s) appearing for the Case

Robert H. Benna, with whom Michael E. Small and Margaret L. Bollinger were on the brief, for petitioner. Terence J. Collins, Washington, D.C., also entered an appearance for petitioner.

Catherine C. Cook, Atty., F.E.R.C., with whom Jerome M. Feit was on the brief, Washington, D.C., for respondent. Samuel Soopper, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Richard A. Solomon and David D'Alessandro, Washington, D.C., entered appearances for intervenor Public Service Com'n of the State of N.Y.

Michael J. Manning and James F. Moriarty, Washington, D.C., entered appearances for intervenor Tennessee Small General Service Customer Group.

John W. Glendening, Jr., Barbara K. Heffernan and Bruce B. Glendening, Washington, D.C., entered appearances for intervenor The Berkshire Gas Co., et al.

Edward B. Myers, Washington, D.C., entered an appearance for intervenor Orange and Rockland Utilities, Inc.

James F. Bowe, Jr. and O. Julia Weller, Washington, D.C., entered appearances for intervenor Long Island Lighting Co.

Before WALD, WILLIAMS and THOMAS, Circuit Judges.

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

Concurring opinion filed by Circuit Judge CLARENCE THOMAS.

STEPHEN F. WILLIAMS, Circuit Judge:

In its Opinion No. 240, the Federal Energy Regulatory Commission picked the figure 15.1% as the return on equity for Tennessee Gas Pipeline Company for the period June 1, 1982 through January 31, 1983. Tennessee Gas Pipeline Co., 32 FERC ¶ 61,086 (1985). Because of a serious methodological...

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