WESTERN RESOURCES, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana Gas Company; Michigan Consolidated Gas Company; Panhandle Eastern Pipe Line Company; Municipal Gas Commission of Missouri; Northern Indiana Public Service Company; Citizens Gas & Coke Utility; Anadarko Petroleum Corporation; Oxy USA Inc., Intervenors.
PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana Gas Company; Michigan Consolidated Gas Company; Western Resources, Inc.; Municipal Gas Commission of Missouri; Oxy USA Inc.; Midland Cogeneration Venture Limited Partnership; Citizens Gas & Coke Utility; Anadarko Petroleum Corporation; Northern Indiana Public Service Company; Colorado Interstate Gas Company; Providence Gas Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 15, 1993.
Decided November 9, 1993.
Attorney(s) appearing for the Case
Martin J. Bregman, Topeka, KS, argued the cause and filed the briefs for petitioner Western Resources, Inc. in No. 92-1319.
Lawrence G. Acker, Washington, DC, argued the cause for petitioner Panhandle Eastern Pipe Line Co. in No. 92-1324. With him on the briefs were Raymond N. Shibley, Washington, DC, Merlin Everett Remmenga and John R. McDermott, Houston, TX. Keith T. Sampson and Brian Dennis O'Neill, Washington, DC, entered appearances.
Timm Larkin Abendroth, Attorney, Federal Energy Regulatory Com'n, Washington, DC, argued the cause for respondent. With him on the brief were Susan Tomasky, Gen. Counsel, F.E.R.C., and Jerome M. Feit, Solicitor, F.E.R.C., Washington, DC.
Ronald E. Christian, Indianapolis, IN, and Leja D. Courter, Dayton, OH, entered appearances for intervenor Indiana Gas Co. in Nos. 92-1319 and 92-1324.
Jeffrey M. Petrash, Washington, DC, entered an appearance for intervenor Michigan Consolidated Gas Co. in Nos. 92-1319 and 92-1324.
Merlin Everett Remmenga, John R. McDermott, Houston, TX, Lawrence G. Acker and Raymond N. Shibley, Washington, DC, entered appearances for intervenor Panhandle Eastern Pipe Line Co. in No. 92-1319.
Philip B. Malter and Charles F. Wheatley, Annapolis, MD, entered appearances for intervenor Mun. Gas Com'n of Missouri in Nos. 92-1319 and 92-1324.
Roy R. Robertson, Jr., Hammond, IN, entered an appearance for intervenor Northern Indiana Public Service Co. in Nos. 92-1319 and 92-1324.
Steven M. Sherman, Indianapolis, IN, entered an appearance for intervenor Citizens Gas & Coke Utility in Nos. 92-1319 and 92-1324.
Frederick Wark Giroux, Mark Richard Haskell and Gordon Gooch, Washington, DC, entered appearances for intervenors Anadarko Petroleum Corp. and Oxy USA Inc. in Nos. 92-1319 and 92-1324.
J. Stephen Martin, Houston, TX, entered an appearance for intervenor Anadarko Petroleum Corp. in No. 92-1324.
Michael L. Pate, Washington, DC, entered an appearance for intervenor Oxy USA Inc. in No. 92-1324.
James Francis Bowe, Jr., Benga L. Farina, Washington, DC, and Steven H. Lasher, Lansing, MI, entered appearances for intervenor Midland Cogeneration Venture Ltd. Partnership in No. 92-1324.
James Howard and Donald C. Shepler, Jr., Washington, DC, entered appearances for intervenor Colorado Interstate Gas Co. in No. 92-1324.
Cheryl Lamae Jones, Washington, DC, entered an appearance for intervenor Providence Gas Co. in No. 92-1324.
Martin J. Bregman, Topeka, KS, entered an appearance for intervenor Western Resources, Inc. in No. 92-1324.
Before: WALD, EDWARDS, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WALD.
WALD, Circuit Judge:
In this consolidated case, two parties to a natural gas transportation contract petition for review of a rate-setting order of the Federal Energy Regulatory Commission ("FERC" or "Commission"). Western Resources, Inc. ("Western"),1 a Kansas intrastate pipeline, contracted with Panhandle Eastern Pipe Line Company ("Panhandle"), a large interstate pipeline, for...
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