TENNESSEE GAS PIPELINE CO. v. F.E.R.C.

No. 93-4089.

17 F.3d 98 (1994)

TENNESSEE GAS PIPELINE CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

March 25, 1994.


Attorney(s) appearing for the Case

Carmen D. Legato, Martin W. Gitlin, Swidler & Berlin, Chartered, Washington, DC, for Flagg Energy Development Corp.

Kenneth D. Brown, Newark, NJ, for Public Service Elec. and Gas Co.

Kathrine L. Henry, Washington, DC, for ANR Pipeline Co.

Barbara K. Heffernan, Schiff, Hardin & Waite, Washington, DC, J. Richard Tiano, Bridgeport, CT, for Berkshire Gas Co.

Robert H. Benna, Robert G. Kern, Wright & Talisman, Washington, DC, Patrick A. Johnson, Senior Counsel, Tenneco Gas, Houston, TX, for Tennessee Gas Pipeline Co.

Jerome M. Feit, Sol., F.E.R.C., Washington, DC, for F.E.R.C.

Before JOHNSON, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.


JOHNSON, Circuit Judge:

On April 8, 1991, Tennessee Gas Pipeline Company ("Tennessee") and Flagg Energy Development Corporation ("Flagg") entered into a firm natural gas transportation contract. Tennessee agreed to transport 4,140 dekatherms of natural gas each day from various points in and offshore Louisiana to Connecticut on Flagg's behalf. Tennessee also agreed to construct and operate the facilities necessary to transport the natural gas. Flagg agreed to pay...

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