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

No. 90-1618.

969 F.2d 1141 (1992)

TENNESSEE GAS PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United Gas Pipe Line Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 1992.


Attorney(s) appearing for the Case

Marilyn L. Doria, Washington, D.C., with whom Ernest B. Abbott, Houston, Tex., Robin M. Nuschler, and Susan Brooks, Washington, D.C., were on the brief, for petitioner.

Katherine Waldbauer, Atty., Federal Energy Regulatory Commission ("FERC"), with whom William S. Scherman, Gen. Counsel, FERC, Jerome M. Feit, Sol., FERC, and Joseph S. Davies, Deputy Sol., FERC, Washington, D.C., were on the brief, for respondent. Dwight C. Alperin, Atty., FERC, Washington, D.C., also entered an appearance for respondent.

Stephen R. Melton, Houston, Tex., entered an appearance for intervenor United Gas Pipe Line Co.

Carolyn Y. Thompson, Washington, D.C., and Juanita Feigenbaum, St. Louis, Mo., entered appearances for intervenor Mississippi River Transmission Corp.

Sherrie Rutherford, Houston, Tex., David B. Ward, and Allan W. Anderson, Jr., Washington, D.C., entered appearances for intervenor Northern Natural Gas Co., et al.

Before BUCKLEY, WILLIAMS, and D.H. GINSBURG, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This case concerns an interim rule issued by the Federal Energy Regulatory Commission requiring advance notice and disclosure by natural gas pipeline companies of the construction of new facilities or the replacement of existing ones. The Commission promulgated the interim rule without the notice and opportunity for comment required by...

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