GREAT LAKES GAS TRANSMISSION v. F.E.R.C.

No. 91-1394.

984 F.2d 426 (1993)

GREAT LAKES GAS TRANSMISSION LIMITED PARTNERSHIP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ANR Pipeline Company, Bay State Gas Company, et al., Long Island Lighting Company, Michigan Consolidated Gas Company, Natural Gas Pipeline Company of America, Northeast Energy Associates and North Jersey Energy Associates, The Peoples Gas Light and Coke Company, ProGas Limited, and Texas Eastern Transmission Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 1993.

As Amended February 5, 1993.


Attorney(s) appearing for the Case

James D. McKinney, Jr., with whom Bernard A. Foster, III, G. William Stafford, Washington, DC, and Narinder J.S. Kathuria, Detroit, MI, were on the brief, for petitioner. Alex A. Goldberg, Washington, DC, also entered an appearance for the petitioner.

Edward S. Geldermann, Atty. Federal Energy Regulatory Commission ("FERC"), with whom William S. Scherman, General Counsel, Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., Randolph Lee Elliott, Atty., FERC, Washington, DC, were on the brief, for respondent. Timm Abendroth, Atty., FERC, Washington, DC, also entered an appearance for the respondent.

J. Gordon Pennington and Daniel F. Collins, Washington, DC, entered an appearance for intervenor ANR Pipeline Co.

Cheryl L. Jones and Barbara K. Heffernan, Washington, DC, entered an appearance for intervenor Bay State Gas Co., et al.

Robert W. Burke, Jr. and James F. Bowe, Jr., Washington, DC, entered an appearance for intervenor Long Island Lighting Co.

Jeffrey M. Petrash, Washington, DC, entered an appearance for intervenor Michigan Consolidated Gas Co.

Carol A. Smoots, Paul E. Goldstein, Paul W. Mallory, Emmitt C. House and Georgetta J. Baker, Lombard, IL, entered an appearance for intervenor Natural Gas Pipeline Co. of America.

Charles H. Shoneman, Washington, DC, entered an appearance for intervenor Northeast Energy Associates and North Jersey Energy Associates.

Thomas M. Patrick, Chicago, IL, entered an appearance for intervenor The Peoples Gas Light and Coke Co.

Paul W. Fox, Washington, DC, entered an appearance for intervenor ProGas Ltd.

F. Nan Wagoner, Houston, TX, entered an appearance for intervenor Texas Eastern Transmission Corp.

Before: MIKVA, Chief Judge, EDWARDS and HENDERSON, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The Great Lakes Gas Transmission Limited Partnership petitions this court for review of a certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission ("FERC" or "Commission") pursuant to its authority under section 7 of the Natural Gas Act ("NGA"), 5 U.S.C. § 717f (1988). Tennessee Gas Pipeline Co., 52 F.E.R.C....

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