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  5. 997 F.2d 1039 (1993)
 

IN RE COLUMBIA GAS SYSTEMS INC.

Nos. 92-7395 to 92-7400, 92-7410 to 92-7415, 92-7435, 92-7436, 92-7499 and 92-7500.

997 F.2d 1039 (1993)

In re COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation. The OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF the COLUMBIA GAS TRANSMISSION CORPORATION v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Columbia Gas System, Inc. ("CG") and Columbia Gas Transmission Corporation ("TCO" and together with CG, "the Debtors"), Appellants No. 92-7395. In re COLUMBIA GAS SYSTEMS INC. (Fifteen Cases) COLUMBIA GAS SYSTEMS INC. v. UNSECURED CREDITORS COMMITTEE, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation, National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of People's Counsel for the District of Columbia (OPC), Intervenors in Support of Appellants, Office of Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Columbia Gas Systems, Inc. ("CG") and Columbia Gas Transmission Corporation ("TCO" and together with CG, "the Debtors"), Appellants No. 92-7396. MERIDIAN OIL PRODUCTION INC. v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation; Thomas E. Ross, Trustee, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Columbia Gas System, Inc. ("CG") and Columbia Gas Transmission Corporation ("TCO" and together with CG, "the Debtors"), Appellants No. 92-7397. PENNSYLVANIA PUBLIC UTILITY COMMISSION, v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Public Service Commission of the State of New York, Intervenor in Support of Appellants, Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenor in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, The Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, Appellants No. 92-7398. MARYLAND OFFICE/PEOPLE'S COUNSEL v. COLUMBIA GAS SYSTEMS, INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Productions Inc., Intervenor in Support of Appellees, Public Service Commission of the State of New York, Intervenor in Support of Appellants, Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; Natural Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Transmission Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, Appellants No. 92-7399. PUBLIC UTILITIES COMMISSION/OHIO v. COLUMBIA GAS SYSTEMS, INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc., Intervenor in Support of Appellees, Public Service Commission of the State of New York, Intervenor in Support of Appellants, Public Service Commission of the Commonwealth of Kentucky, Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Pennsylvania Public Utility Commission, the Maryland Public Service Commission, the Public Utilities Commission of Ohio and the Maryland Office of People's Counsel, Appellants No. 92-7400. COLUMBIA GAS TRANSMISSION CORPORATION; the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Natural Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, West Ohio Gas Company, the Peoples Natural Gas Company and Virginia Natural Gas, Inc., Appellants No. 92-7410. WEST OHIO GAS CO.; Virginia Natural Gas, Inc.; Peoples Natural Gas Company, Appellants No. 92-7411, v. COLUMBIA GAS SYSTEMS, INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission ("TCo"), Intervenors in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae. COLUMBIA GAS TRANSMISSION CORPORATION; the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Official Committee of Customers ("Customer Committee") of the Columbia Gas Transmission Corporation ("TCo"), Appellant No. 92-7412. OFFICIAL COMMITTEE OF CUSTOMERS OF COLUMBIA GAS TRANSMISSION CORPORATION ("TCO") v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Official Committee on Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenors in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellant, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Official Committee of Customers ("Customer Committee") of the Columbia Gas Transmission Corporation ("TCo"), Appellant No. 92-7413. COLUMBIA GAS TRANSMISSION CORPORATION; the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corporation v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Tennessee Gas Pipeline Company, Intervenor-Defendant, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenors in Support of Appellants, Cities of Charlottesville and Richmond, Virginia, Intervenors in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenor in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Columbia Gas of Kentucky, Columbia Gas of Maryland, Columbia Gas of Ohio, Columbia Gas of Pennsylvania, and Commonwealth Gas Services, collectively known as the Columbia Gas Distribution Companies, Appellants No. 92-7414. PENNSYLVANIA PUBLIC UTILITY COMMISSION v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Maryland Office of People's Counsel ("MPC"), Intervenor in Support of Appellants, Official Committee of Unsecured Creditors of Columbia Gas Transmission Corporation, Intervenor in Support of Appellees, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Orange and Rockland Utilities, Inc.; Central Hudson Gas and Electric Corporation; New York State Electric and Gas Corporation; National Fuel Gas Supply Corporation, Intervenors in Support of Official Committee of Customers of the Columbia Gas Transmission Corporation, Columbia Gas Distribution Companies, Intervenors in Support of Appellants, Ozark Gas Transmission System, a Texas General Partnership (the "Partnership") and its Subsidiary, Ozark Finance Corporation (the "Company"), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Pennsylvania Public Utility Commission; Maryland Public Service Commission; Public Utilities Commission of Ohio, Intervenors in Support of Appellants, Consumer Advocate Division of the Public Service Commission of West Virginia, Intervenor in Support of Appellants, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenors in Support of Appellants, Office of the Consumers' Counsel, State of Ohio (OCC), Intervenors in Support of Appellees, Gas Research Institute ("GRI"), Amicus Curiae, Cities of Charlottesville and Richmond, Virginia, Appellants No. 92-7415. MERIDIAN OIL PRODUCTION INC. v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenor in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Gas Research Institute ("GRI"), Amicus Curiae, Ozark Gas Transmission System and Ozark Finance Corporation, Appellants No. 92-7435. OZARK GAS TRANSMISSION SYSTEM; Ozark Finance Corp., Appellants No. 92-7436, v. COLUMBIA GAS SYSTEMS, INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Pennsylvania Office of Consumer Advocate (Pa. OCA), Intervenor in Support of Appellees, Meridian Oil Production Inc. ("Meridian Oil"), Intervenor in Support of Appellees, Delmarva Power & Light Company ("Delmarva"); the Providence Gas Company ("Providence"), Intervenors in Support of Appellants, Office of the People's Counsel for the District of Columbia (OPC), Intervenors in Support of Appellants, Official Committee of Customers ("Customer Committee") of Columbia Gas Transmission Corporation ("TCo"), Intervenor in Support of Appellants, Gas Research Institute ("GRI"), Amicus Curiae. MERIDIAN OIL PRODUCTION INC. v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Ozark Gas Transmission System and Ozark Finance Corporation, Appellants No. 92-7499, Ozark Gas Transmission System; Ozark Finance Corporation, Appellants No. 92-7499. OZARK GAS TRANSMISSION SYSTEM; Ozark Finance Corporation, Appellants No. 92-7500, v. COLUMBIA GAS SYSTEMS INC.; Columbia Gas Transmission Corporation, Thomas E. Ross, Trustee, Meridian Oil Production, Inc., Intervenor-Appellee.

United States Court of Appeals, Third Circuit.

July 6, 1993.

Attorney(s) appearing for the Case

Robert S. Brady, Young, Conaway, Stargatt & Taylor, Wilmington, DE and John E. Beerbower, Cravath, Swaine & Moore, New York City, for Columbia Gas Systems, Inc., ("CG") Columbia Gas Transmission Corp., ("TCo" and together with CG, "the Debtors").

Carter G. Phillips (argued), Sidley & Austin, Washington, DC and Kevin Gross, Rosenthal, Monhait, Gross & Goddess, Wilmington, DE, for the Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corp.

Paula M. Carmody, Maryland People's Counsel, Baltimore, MD, for Maryland Office of People's Counsel.

Denise C. Goulet, Office of Atty. Gen. of Pennsylvania, Office of Consumer Advocate, Harrisburg, PA, for Pennsylvania Office of Consumer Advocate.

Laurie S. Silverstein (argued), Potter, Anderson & Corroon, Wilmington, DE, for Meridian Oil Production, Inc.

Leslie A. Nicholson, Jr. (argued), Shaw, Pittman, Potts & Trowbridge, Washington, DC, for Official Committee of Customers ("Customers Committee") of the Columbia Gas Transmission Corporation ("TCo").

Edward B. Myers, Orange & Rockland, Washington, DC, for Orange & Rockland Utilities, Inc., Natural Fuel Gas Supply.

Frederick J. Killion, Winston & Strawn, Washington, DC, for Cent. Hudson Gas & Elec. Corp.

Jonathan D. Schneider, Huber, Lawrence & Abell, Washington, DC, for New York State Elec. & Gas Corp.

Stephen C. Stapleton (argued), Russell L. Munsch, Munsch, Hardt, Kopf, Harr & Dinan, Dallas, TX, for Ozark Gas Transmission System, a Texas general partnership (the "Partnership"), Ozark Fin Corp., (the "Company").

Alan Kohler, Pennsylvania Public Utility Com'n, Harrisburg, PA, for Pennsylvania Public Utility Com'n.

Bryan G. Moorhouse, Maryland Public Service Com'n, Baltimore, MD, for Maryland Public Service Com'n.

Kathleen V. Yurchak, Ben B. Howell, and John T. Mannato, Reed, Smith, Shaw & McClay, Philadelphia, PA, for Public Utilities Com'n of Ohio.

Stanley W. Balis, Thomas C. Gorak, Miller, Balis & O'Neil, Washington, DC and David B. Stratton, Pepper, Hamilton & Scheetz, Wilmington, DE, for City of Charlottesville, VA and City of Richmond, VA.

John L. Shailer, Andrew J. Sonderman, James R. Berendsen, Columbia Gas Distribution Co., Columbus, OH, Stephen W. Spence, Phillips, Goldman & Spence, Wilmington, DE, and John J. Dilenschneider, Squire, Sanders & Dempsey, Columbus, OH, for Columbia Gas of Kentucky, Columbia Gas of Maryland, Columbia Gas of Ohio, Columbia Gas of Pennsylvania, and Commonwealth Gas Services, collectively known as the Columbia Gas Distribution Companies.

Deborah Y. VanDervort, Public Service Com'n of West Virginia, Consumer Advocate Div., Charleston, WV, for Consumer Advocate Div. of the Public Service Com'n of West Virginia.

Evelyn R. Robinson-McGriff, Office of Consumer Counsel, State of Ohio, Columbus, OH, for Office of the Consumers' Counsel, State of Ohio (OCC).

Barbara K. Heffernan, Schiff, Hardin & Waite, Washington, DC, for Delmarva Power & Light Providence Gas Co.

Jerome M. Feit (argued), Samuel Soopper, F.E.R.C., Washington, DC, for F.E.R.C., amicus curiae.

Miles H. Mitchell, Office of People's Counsel, District of Columbia, Washington, DC, for Office of People's Counsel for the District of Columbia (OPC).

Peter C. Lesch, Gallagher, Boland, Meiburger & Brosnan, Washington, DC, for Gas Research Institute ("GRI"), amicus curiae.

Kevin J. Burke, Cahill, Gordon & Reindel, New York City, for West Ohio Gas Co., Peoples Natural Gas Co., and Virginia Natural Gas Inc.

Before: SLOVITER, Chief Judge, COWEN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Columbia Gas Transmission Corporation ("Columbia"), an owner of a natural gas pipeline, filed a bankruptcy petition and moved for court permission to pay certain pre-petition obligations, including: (1) refunds collected from upstream suppliers and owed to Columbia's customers; (2) research surcharges collected from customers and owed to a nonprofit industry research institute...

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