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  5. 948 F.2d 1305 (1991)
 

ALGONQUIN GAS TRANSMISSION CO. v. FERC

Nos. 89-1634, 89-1668, 89-1693, 89-1709, 89-1736, 89-1744.

948 F.2d 1305 (1991)

ALGONQUIN GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Central Hudson Gas & Electric Corporation, Boston Gas Company, New Jersey Natural Gas Company, The City of Norwich, Connecticut, et al., Colonial Gas Company, Orange and Rockland Utilities, Inc., Bay State Gas Company, et al., Consolidated Edison Company of New York, Inc., New England Power Company, Intervenors. CENTRAL HUDSON GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The City of Norwich, Connecticut, et al., Colonial Gas Company, Consolidated Edison Company of New York, Inc., Bay State Gas Company, et al., Algonquin Gas Transmission Company, Boston Gas Company, New England Power Company, New Jersey Natural Gas Company, Orange and Rockland Utilities, Inc., Intervenors. ORANGE AND ROCKLAND UTILITIES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New Jersey Natural Gas Company, Colonial Gas Company, Bay State Gas Company, et al., Boston Gas Company, Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New England Power Company, Orange and Rockland Utilities, Inc., The City of Norwich, Connecticut, et al., Algonquin Gas Transmission Company, Intervenors. CITY OF NORWICH, CONNECTICUT, DEPARTMENT OF PUBLIC UTILITIES, and The Town of Middleborough, Massachusetts, Municipal Gas and Electric Department, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, New Jersey Natural Gas Company, Colonial Gas Company, Bay State Gas Company, et al., Boston Gas Company, Central Hudson Gas & Electric Corporation, Consolidated Edison Company of New York, Inc., New England Power Company, Orange and Rockland Utilities, Inc., Intervenors. NEW JERSEY NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, Boston Gas Company, Bay State Gas Company, et al., Central Hudson Gas & Electric Corporation, Colonial Gas Company, Consolidated Edison Company of New York, Inc., New England Power Company, Orange and Rockland Utilities, Inc., The City of Norwich, Connecticut, et al., Intervenors. BOSTON GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, Bay State Gas Company, et al., Central Hudson Gas & Electric Corporation, Colonial Gas Company, Consolidated Edison Company of New York, Inc., New England Power Company, New Jersey Natural Gas Company, Orange and Rockland Utilities, Inc., The City of Norwich, Connecticut, et al., National Helium Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 1, 1991.

As Amended November 1, 1991.

Attorney(s) appearing for the Case

Henry S. May, Jr., with whom Gary M. Kotara and Catherine O'Harra for Algonquin Gas Transmission Co., Jennifer L. Miller and Catherine L. Nesser for Boston Gas Co., Joseph M. Oliver, Jr. and M. Lisanne Crowley for New Jersey Natural Gas Co., Stanley W. Balis and Demetrios G. Pulas, Jr., for the City of Norwich, Connecticut, et al., were on the joint brief, for petitioners in Nos. 89-1634, 89-1709, 89-1736 and 89-1744 and intervenors in Nos. 89-1668 and 89-1693. J. Evans Atwell and Judy M. Johnson, for Algonquin Gas Transmission Company, and Nicholas W. Mattis, Jr., for New Jersey Natural Gas Co., also entered appearances.

Frederick J. Killion, with whom Donald K. Dankner for Cent. Hudson Gas and Elec. Corp., Steven J. Kalish and Barbara M. Gunther for Consolidated Edison Co., of New York, Inc., Edward B. Myers and Robert A. Nelson for Orange and Rockland Utilities, Inc. were on the joint brief, for petitioners in Nos. 89-1668 and 89-1693 and intervenors in Nos. 89-1634, 89-1709, 89-1736 and 89-1744. William I. Harkaway and Harvey L. Reiter also entered appearances for Consolidated Edison Co. of New York, Inc.

Jill Hall, Attorney, Federal Energy Regulatory Com'n, with whom Jerome M. Feit, Sol., Federal Energy Regulatory Com'n was on the brief, for respondent in all cases. Robert H. Solomon, Attorney, Federal Energy Regulatory Com'n also entered an appearance for respondent.

William R. Connole with whom Eugene E. Threadgill was on the brief for intervenor, Colonial Gas Co. in all cases.

Mark A. Gallagher, John S. Schmid, Gearold L. Knowles and J. Richard Tiano entered appearances for intervenor, Bay State Gas Co., et al. in all cases.

Stephen A. Herman entered an appearance for intervenor, New England Power Co. in Nos. 89-1709, 89-1736 and 89-1744.

Julia R. Richardson and Lisa J. Gefen entered appearances for intervenor, National Helium Corp. in No. 89-1744.

Before MIKVA, Chief Judge, THOMAS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

Under review in this action are several portions of an order issued by the Federal Energy Regulatory Commission (FERC or the Commission). In accepting and modifying a contested settlement agreement between a natural gas pipeline and its customers, the Commission altered the gas cost and facilities cost recovery method provided in the...

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