TENNGASCO EXCHANGE CORP. v. F.E.R.C.

No. 90-1331.

952 F.2d 535 (1992)

TENNGASCO EXCHANGE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Hadson Gas Systems, Inc., Pan-Alberta Gas (U.S.) Inc., Shell LNG Trading Company, Salmon Resources Ltd., Columbia Atlantic Trading Corporation, Independent Petroleum Association of Canada, Western Gas Marketing U.S.A., Transco Energy Marketing Company, Canadian Petroleum Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1992.


Attorney(s) appearing for the Case

Robert W. Baker, Houston, Tex., for petitioner.

Jill Hall, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel and Jerome M. Feit, Sol., F.E.R.C., were on the brief, for respondent.

Tejinder S. Bindra, Wilmington, Del., for Columbia Atlantic Trading Corp., Philip M. Marston, for Hadson Gas Systems, Inc., Roger A. Berliner and Jane E. Stelck, Washington, D.C., for Independent Petroleum Ass'n of Canada and Canadian Petroleum Ass'n, John R. Staffier, Washington, D.C., for Pan-Alberta Gas (U.S.) Inc., Frank X. Kelly, Washington, D.C., for Salmon Resources Ltd., John W. Ebert, Gwendolyn G. Logan, Washington, D.C., Clayton G. Smith and David A. Glenn, Houston, Tex., for Transco Energy Marketing Co., Paul H. Keck, Robert I. White and Nancy A. White, Washington, D.C., for Western Gas Marketing U.S.A., and Charles J. McClees, Jr. and Kathleen T. Puckett, Houston, Tex., for Shell LNG Trading Co., were on the joint statement for intervenors. Shippen Howe, Carroll L. Gilliam and Kevin M. Sweeney, Washington, D.C., also entered appearances for intervenors.

Before BRENNAN, Associate Justice (Retired), WALD and HENDERSON, Circuit Judges.


Opinion for the Court filed by Associate Justice (Retired) BRENNAN.

BRENNAN, Associate Justice (Retired):

Petitioner Tenngasco Exchange Corporation ("Tenngasco"), a gas marketer affiliated with Tennessee Gas Pipeline Company, petitions for review of two orders in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") asserted jurisdiction over sales for resale of imported Canadian gas. Tenngasco...

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