LOUISIANA ASS'N OF INDEP. PRODUCERS v. F.E.R.C.

Nos. 91-1026 to 91-1028, 91-1081 and 91-1160.

958 F.2d 1101 (1992)

LOUISIANA ASSOCIATION OF INDEPENDENT PRODUCERS AND ROYALTY OWNERS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, ANR Pipeline Company, Bay State Gas Company, et al., Brooklyn Union Gas Company, Central Hudson Gas & Electric Corporation, CNG Transmission Corporation, Iroquois Gas Transmission System, L.P., Long Island Lighting Company, New England Power Company, New Jersey Natural Gas Company, Public Service Electric & Gas Company, Tennessee Gas Pipeline Company, Texas Eastern Transmission Corporation, Transcanada Pipelines Limited, Intervenors. NEW ENGLAND FUEL INSTITUTE, Empire State Petroleum Association, and Fuel Merchants Association of New Jersey, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, ANR Pipeline Company, Bay State Gas Company, et al., Brooklyn Union Gas Company, Central Hudson Gas & Electric Corporation, CNG Transmission Corporation, Consolidated Edison Company of New York, Inc., Granite State Gas Transmission, Inc., Iroquois Gas Transmission System, L.P., Long Island Lighting Company, New England Power Company, New Jersey Natural Gas Company, Public Service Electric & Gas Company, Tennessee Gas Pipeline Company, Texas Eastern Transmission Corporation, Transcontinental Gas Pipe Line Corporation, Intervenors. Anne Marie MUESER and GASP Coalition, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, ANR Pipeline Company, Bay State Gas Company, et al., Brooklyn Union Gas Company, Central Hudson Gas & Electric Corporation, CNG Transmission Corporation, Granite State Gas Transmission, Inc., Iroquois Gas Transmission System, L.P., Long Island Lighting Company, New England Power Company, Public Service Electric & Gas Company, New Jersey Natural Gas Company, Tennessee Gas Pipeline Company, Texas Eastern Transmission Corporation, Transcanada Pipelines Limited, Transcontinental Gas Pipe Line Corporation, Intervenors. TEXAS EASTERN TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, ANR Pipeline Company, Brooklyn Union Gas Company, CNG Transmission Corporation, Consolidated Edison Company of New York, Inc., Long Island Lighting Company, Louisiana Association of Independent Producers and Royalty Owners, ProGas Limited, Tennessee Gas Pipeline Company, Transcanada Pipelines Limited, Intervenors. STATE OF LOUISIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Algonquin Gas Transmission Company, ANR Pipeline Company, Bay State Gas Company, et al., Burk Royalty Company, Brooklyn Union Gas Company, Central Hudson Gas & Electric Corporation, Convexx Oil and Gas, Inc., Elsbury Production, Inc., Robert P. Evans, Harvey E. Yates Company, Kingdon R. Hughes, Independent Oil and Gas Association of West Virginia, Iroquois Gas Transmission System, Long Island Lighting Company, Natural Gas Anadarko Company, New England Power Company, the Southern Connecticut Gas Company, State of Oklahoma, Tennessee Gas Pipeline Company, Texas Eastern Transmission Corporation, J. Cleo Thompson & James Cleo Thompson, Jr., Transcanada Pipelines Limited, Union Texas Petroleum, Wolverine Gas and Oil Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 1992.


Attorney(s) appearing for the Case

Gary J. Klein, with whom J. Cathy Fogel, Washington, D.C., for New England Fuel Institute, Empire State Petroleum Ass'n and Fuel Merchants Ass'n, of New Jersey, Robert C. Platt, Washington, D.C., for Louisiana Ass'n of Independent Producers and Royalty Owners, and Anne Marie Mueser for Anne Marie Mueser and GASP Coalition were on the joint brief, for petitioners in 91-1026, 91-1027, and 91-1028, and intervenors in 91-1081.

David B. Robinson, with whom Duane A. Siler and Robert C. Platt, Washington, D.C., were on the joint brief, for petitioners, State of La. in 91-1160 and Louisiana Ass'n of Independent Producers and Royalty Owners in 91-1026 and for intervenors, Elsbury Production, Inc., Burk Royalty Company, J. Cleo Thompson and James Cleo Thompson, Jr., Natural Gas Anadarko Co., Wolverine Gas and Oil Co., Inc., Convexx Oil and Gas, Inc., Independent Oil and Gas Ass'n of West Virginia, Kingdon R. Hughes, Robert P. Evans, Union Texas Petroleum Co., Harvey E. Yates Co. and State of Oklahoma in 91-1160.

Judy M. Johnson, Houston, Tex., for petitioner, Texas Eastern Transmission Corp. in 91-1081 and intervenor, Algonquin Gas Transmission Co. in 91-1026, 91-1027, 91-1028 and 91-1160. Paul A. Biancardi, Houston, Tex., and Rebecca S. Haney, Washington, D.C., also entered appearances for petitioners.

Jerome M. Feit, Solicitor, F.E.R.C., with whom William S. Scherman, Gen. Counsel, Timm L. Abendroth and Randolph Lee Elliott, Attys., Washington, D.C., were on the brief, for respondent in 91-1026, 91-1027, 91-1028, 91-1081, and 91-1160.

Frederick M. Lowther, with whom Ernest B. Abbott, Frederic G. Berner, Jr., and Alan C. Geolot, Washington, D.C., were on the joint brief, for intervenors, Iroquois Gas Transmission System, L.P. and Tennessee Gas Pipeline Co. in 91-1026, 91-1027, 91-1028, 91-1081, and 91-1160. Johannes W. Williams and Carl M. Fink, Washington, D.C., also entered appearances for intervenors.

J. Gordon Pennington and Daniel F. Collins, Washington, D.C., entered appearances for intervenor, ANR Pipeline Co. in 91-1026, 91-1027, 91-1028, 91-1081, and 91-1160.

Carl Ulrich, Stephen E. Williams, and Mark D. Colley, Washington, D.C., entered appearances for intervenor, CNG Transmission Corp. in 91-1026, 91-1027, and 91-1028.

Nancy A. White, Paul H. Keck and Robert I. White, Washington, D.C., entered appearances for intervenor, Transcanada Pipelines Limited in 91-1026, 91-1028, 91-1081, and 91-1160.

Alfred Winchell Whittaker, Washington, D.C., entered an appearance for intervenor, New England Power Co. in 91-1026, 91-1027, 91-1028, and 91-1160.

Barbara K. Heffernan and Bruce B. Glendening, Washington, D.C., entered appearances for intervenors, Bay State Gas Co., et al. in 91-1026, 91-1027, 91-1028, and 91-1160.

Thomas F. Brosnan, Washington, D.C., entered an appearance for intervenor, Granite State Gas Transmission, Inc. in 91-1027 and 91-1028.

John W. Ebert, Robert G. Hardy and Anthony J. Ivancovich, Washington, D.C., entered appearances for intervenor, Transcontinental Gas Pipe Line Corp. in 91-1027 and 91-1028.

Steven J. Kalish, William I. Harkaway, Washington, D.C., Barbara M. Gunther, New York City, and Donald Stanber entered appearances for intervenor, Consolidated Edison of New York, Inc. in 91-1027 and 91-1081.

Paul W. Fox, Washington, D.C., entered an appearance for intervenor, ProGas, Limited in 91-1081.

J. Richard Tiano, Bridgeport, Conn., entered an appearance for intervenor, Southern Connecticut Gas Co. in 91-1160.

Before MIKVA, Chief Judge, SILBERMAN and RANDOLPH, Circuit Judges.


Opinion for the court filed PER CURIAM.

PER CURIAM:

The Iroquois/Tennessee Project is part of a billion dollar plan to ship natural gas from Alberta across the Canadian prairie to the Northeastern United States. Participants in the plan have sought licenses, certifications, and authorizations before numerous state, federal, and Canadian regulatory bodies. In this case, three groups of petitioners challenge the Federal Energy Regulatory Commission's certification...

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