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CARNEGIE NATURAL GAS CO. v. F.E.R.C.

Nos. 90-1434, 91-1236.

968 F.2d 1291 (1992)

CARNEGIE NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, UGI Corporation, New Jersey Natural Gas Company, Intervenors. CARNEGIE NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New Jersey Natural Gas Company, UGI Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1992.

Attorney(s) appearing for the Case

Steven H. Neinast, with whom Karol Lyn Newman and Stephen O. Scandurro, were on the brief, for petitioner in 90-1434 and 91-1236.

Timm Abendroth and Howard Schneider, Attys. F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., were on the brief, for respondent in both cases. Thomas Lane, also entered an appearance for respondent.

Mary E. Baluss and Marilyn A. Specht, for UGI Corp. and Joseph M. Oliver, Jr., for New Jersey Natural Gas Co., were on the joint brief for intervenors in 90-1434 and 91-1236. Christopher J. Barr, Nicholas W. Mattia, Jr., M. Lisanne Crowley, and Jeffrey R. Clark also entered appearances for intervenors.

Before: WALD, WILLIAMS, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Petitioner Carnegie Natural Gas Company acts primarily as a middleman. It purchases most of its natural gas from a larger pipeline, the Texas Eastern Transmission Corporation, and then sells it to local distribution companies. When Carnegie's customers take less gas than Carnegie is obligated to supply to them, this puts pressure on Carnegie to take less gas than Texas Eastern...

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