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MISSISSIPPI RIVER TRANSMISSION CORP. v. F.E.R.C.

No. 91-1164.

969 F.2d 1215 (1992)

MISSISSIPPI RIVER TRANSMISSION CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Laclede Gas Company, Florida Gas Transmission Company, Illinois Power Company, Interstate Natural Gas Association of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1992.

Attorney(s) appearing for the Case

Carolyn Y. Thompson, with whom Donald B. Ayer, John E. Benedict, Juanita Feigenbaum and Thomas M. Byrne, were on the brief, for petitioner.

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

John H. Cheatham, III, Jean E. Sonneman and Brian D. O'Neill, for Interstate Natural Gas Ass'n of America, and Sherrie N. Rutherford, Steven J. Kean and David B. Ward, for Florida Gas Transmission Co., were on the joint brief for intervenors. Martin J. Marz also entered an appearance for intervenors.

Kenneth J. Neises entered an appearance, for intervenor Laclede Gas Co.

Frederick J. Killion and Donald K. Dankner entered appearances, for intervenor Illinois Power Co.

Before: RUTH BADER GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Section 1(b) of the Natural Gas Act of 1938, 15 U.S.C. § 717(b), confers authority on the Federal Energy Regulatory Commission to regulate three subjects: "[1] the transportation of natural gas in interstate commerce, [2] . . . the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use, and...

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