K N ENERGY, INC. v. F.E.R.C.

Nos. 90-1525, 90-1577.

968 F.2d 1295 (1992)

K N ENERGY, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Western Gas Resources, Inc., Williston Basin Interstate Pipeline Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 10, 1992.


Attorney(s) appearing for the Case

John T. Miller, Jr., with whom B.J. Becker was on the brief, for petitioner K N Energy, Inc., in 90-1525.

Robert T. Hall, III, with whom Stephen L. Huntoon and Paul K. Sandness were on the brief, for petitioner Williston Basin Interstate Pipeline Co. in 90-1577 and intervenor in 90-1525. Randall V. Griffin also entered an appearance for petitioner.

Joel M. Cockrell, Atty., 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.

Alan J. Roth, with whom Cynthia S. Bogorad, Douglas Eidahl, and Robert Nelson were on the brief, for intervenors Montana Consumer Counsel, et al. in 90-1525. Robin McHugh and Rise J. Peters also entered appearances for intervenors.

John B. Rudolph, Vera Callahan Neinast, and Lisa M. Tonery were on the brief for intervenor Western Gas Resources, Ltd.

Before EDWARDS, RUTH BADER GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The ongoing struggle over the resolution of take-or-pay claims in the natural gas industry requires us to revisit the Federal Energy Regulatory Commission's ("FERC" or the "Commission") Order No. 500. 52 Fed.Reg. 30,334 (Aug. 14, 1987). This time we must determine whether the Commission may prohibit Williston Basin Interstate Pipeline Company ("Williston Basin") from allocating...

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