LACLEDE GAS CO. v. F.E.R.C.

No. 92-1002.

997 F.2d 936 (1993)

LACLEDE GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Entex, a Division of Arkla, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1993.


Attorney(s) appearing for the Case

Kenneth J. Neises, Washington, DC, argued the cause for petitioner. With him on the brief was Jennifer N. Waters, Washington, DC.

Katherine Waldbauer, Atty., Federal Energy Regulatory Com'n ("FERC"), Washington, DC, argued the cause for respondent. With her on the brief were William S. Scherman, Gen. Counsel, FERC, Jerome M. Feit, Sol., FERC and Joseph S. Davies, Deputy Sol., FERC, Washington, DC.

William J. Grealis and Robin M. Nuschler, Washington, DC, were on the joint brief for intervenors City of New Orleans and United Gas Pipe Line Co. Michael W. Tifft, New Orleans, LA, also entered an appearance for intervenor City of New Orleans.

Michael J. Manning and James P. White, Washington, DC, entered appearances for intervenors Louisiana Gas Service Co., Div. of Citizens Utility Co., and Entex, Div. of Arkla, Inc.

Joseph J. DiMona, Peyton G. Bowman, III, Washington, DC, J. Wayne Anderson, and Terrence G. O'Brien, New Orleans, LA, entered appearances for intervenor New Orleans Public Service, Inc.

James H. Byrd and Susan N. Kelly, Washington, DC, entered appearances for intervenor United Mun. Distributors Group.

Fredric J. George, Giles D.H. Snyder, and Stephen J. Small, Charleston, WV, entered appearances for intervenor Columbia Gas Transmission Corp.

F. Nan Wagoner, Judy M. Johnson, and D. Virginia Smith, Houston, TX, entered appearances for intervenor Texas Eastern Transmission Corp.

Before BUCKLEY, SENTELLE, and RANDOLPH, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

Concurring opinion filed by Circuit Judge SENTELLE.

BUCKLEY, Circuit Judge:

Laclede Gas Company petitions for review of an order of the Federal Energy Regulatory Commission approving a contested settlement of the remedy phase of an enforcement proceeding against the United Gas Pipe Line Company. Under the settlement, United would refund $19 million to its natural gas customers to compensate them...

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