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N. NAT. GAS CO., DIV. OF ENRON v. F.E.R.C.

Nos. 88-1042, 88-2195 and 88-2588.

929 F.2d 1261 (1991)

NORTHERN NATURAL GAS COMPANY, DIVISION OF ENRON CORP., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Peoples Natural Gas Company, a division of UtiliCorp United Inc.; Texaco Inc., a Delaware Corporation; Exxon corporation, a New Jersey corporation; Amoco Production Company, a Delaware corporation; Mobil Oil Corporation; Mobil Producing Texas & New Mexico Inc.; Mobil Exploration and Producing Southeast Inc.; Mobil Exploration and Producing North America, Inc.; ARCO Oil and Gas Company; Chevron U.S.A., Inc.; Phillips 66 Natural Gas Company; Northern States Power Company (Minnesota); Northern States Power Company (Wisconsin); and Minnesota Utilities, Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1991.

Attorney(s) appearing for the Case

Gordon Gooch, Washington, D.C., for appellant Mobil.

George Meiburger, Washington, D.C., for appellant Northern.

Dwight Alpern, Robert Soloman, Washington, D.C., for appellee FERC.

R. Gordon Gooch, Washington, D.C., argued, for intervenor Mobil in support of FERC.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

JOHN R. BROWN, Senior Circuit Judge.

This is a procedurally complex case about a fairly straightforward question. Were it not for the inches-deep stack of briefs and records of a years-long controversy confronting us and earnestly urging contradictory applications of the same statute and caselaw, we might be tempted to give too simple an answer.

The question is whether the Federal Energy Regulatory Commission (FERC) may, in implementing its "Open Access Order...

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