WILLIAMS NATURAL GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Missouri & Kansas Public Service Division Utilicorp United, Inc., Public Service Commission of the State of Missouri, State Corporation Commission of the State of Kansas, the Kansas Power & Light Company, Midwest Gas Users Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 9, 1993.
Decided September 21, 1993.
Attorney(s) appearing for the Case
Douglas O. Waikart, Washington, DC, argued the cause for petitioner. With him on the brief were Gregory Grady, Washington, DC, Lewis A. Posekany, Jr., and William J. Sears, Tulsa, OK. Robert G. Kern, Washington, DC, and J. Diana Hall, Tulsa, OK, also entered appearances for petitioner.
Samuel Soopper, Attorney, F.E.R.C. ("FERC"), Washington, DC, argued the cause for respondent. With him on the brief were William S. Scherman, General Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Solicitor, FERC, Washington, DC. Katherine Waldbauer, Attorney, FERC, Washington, DC, also entered an appearance for respondent.
Charles V. Garcia, Albuquerque, NM, and Frank A. Caro, Jr., Kansas City, MO, entered appearances for intervenor State Corporation Commission of the State of Kansas in No. 90-1545.
Jeffrey A. Keevil, Jefferson City, MO, entered an appearance for intervenor Public Service Com'n of the State of Missouri in No. 90-1545.
William I. Harkaway and Steven J. Kalish, Washington, DC, entered appearances for intervenor Missouri Public Service Div., etc., in No. 90-1545.
Martin J. Bregman and John K. Rosenberg, Topeka, KS, entered appearances for intervenor Kansas Power & Light Co.
Stuart W. Conrad, Kansas City, MO, entered an appearance for intervenor Midwest Gas Users Ass'n in No. 90-1545.
Before EDWARDS, SILBERMAN, and BUCKLEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
In late 1988 and early 1989, Williams Natural Gas Company, a pipeline, paid $18.7 million to its suppliers under four separate settlement agreements. Williams sought to obtain full recovery of these costs by including them in its purchased gas adjustment ("PGA") filings. The Federal Energy Regulatory Commission determined, however, that two of the settlements included amounts paid...
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