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OKLAHOMA NATURAL GAS CO. v. F.E.R.C.

No. 92-1576.

28 F.3d 1281 (1994)

OKLAHOMA NATURAL GAS COMPANY, A DIVISION OF ONEOK, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Amax Gas Marketing, Inc., Natural Gas Pipeline Company of America, Power-Smith Cogeneration Project, Limited Partnership, Williams Natural Gas Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

William I. Harkaway, Washington, DC, argued the cause for petitioner. With him on the briefs were Kathleen Mazure, Washington, DC, Brad D. Fuller and C. Burnett Dunn, Tulsa, OK.

Jerome M. Feit, Solicitor, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent. With him on the brief were Susan Tomasky, Gen. Counsel, and Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission, Washington, DC.

On the joint brief for intervenors were John N. Estes, Philip R. Ehrenkranz, Michael T. Mishkin, Harold L. Talisman, Ronald N. Carroll, Washington, DC, and John H. Cary, Tulsa, OK. Priscilla A. Mims, Paul E. Goldstein and Philip R. Telleen, Lombard, IL, entered an appearance for intervenor Natural Gas Pipeline Company of America. Douglas E. Nordlinger, Washington, DC, entered an appearance for PowerSmith Cogeneration Project, Limited Partnership.

Before: BUCKLEY, WILLIAMS and GINSBURG, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

For the third time, we review an order of the Federal Energy Regulatory Commission granting a certificate of public convenience and necessity to Williams Natural Gas Company for a 12.4-mile lateral pipeline. Oklahoma Natural Gas Company, a local distribution company that is a rival seller to the customer that the lateral will supply, contests FERC's jurisdiction over the pipeline, claiming that it does not transport gas in interstate...

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