PUBLIC UTILITIES COM'N OF STATE OF CAL. v. F.E.R.C.

Nos. 92-1647, 93-1493.

24 F.3d 275 (1994)

PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA; Office of the Consumers' Counsel, State of Ohio, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Gas Company, Inc.; Panhandle Eastern Pipe Line Company; Trunkline Gas Company; Algonquin Gas Transmission Company; Texas Eastern Transmission Corporation; Associated Gas Distributors; Citizens Gas & Coke Utility; Public Service Electric & Gas Company; Cincinnati Gas & Electric Company; Union Light, Heat and Power Company; Lawrenceburg Gas Company; Southern California Gas Company; Washington Gas Light Company; American Gas Association; Columbia Gas Transmission Companies Gas Research Institute; Interstate Natural Gas Association of America; Mitchell Energy Corporation; Natural Gas Pipeline Company of America; Process Gas Consumers Group; American Iron and Steel Institute; Georgia Industrial Group; Alabama Gas Corporation; Bay State Gas Company, et al.; Philadelphia Gas Works; Williams Natural Gas Company; ANR Pipeline Company; Colorado Interstate Gas Company; Conoco Inc.; Marathon Oil Company; Wisconsin Distributor Group; Peoples Gas Light and Coke Company; Pacific Gas Transmission Company, Intervenors. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA; Office of the Consumers' Counsel, State of Ohio, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Conoco Inc.; Indiana Gas Company, Inc.; Southern California Gas Company; Gas Research Institute; Northern Natural Gas Company; Florida Gas Transmission Company; Transwestern Pipeline Company; Natural Gas Pipeline Company of America; Western Resources, Inc.; Columbia Gas Transmission Companies; Interstate Natural Gas Association of America; Panhandle Eastern Pipe Line Company; Texas Eastern Transmission Corporation; Trunkline Gas Company; Algonquin Gas Transmission Company; ANR Pipeline Company; Pacific Gas and Electric Company; Colorado Interstate Gas Company; American Gas Association; Brooklyn Union Gas Company; Cincinnati Gas & Electric Company; Union Light, Heat and Power Company; Lawrenceburg Gas Company; Process Gas Consumers Group; American Iron and Steel Institute; Georgia Industrial Group; United Distribution Companies, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 1994.


Attorney(s) appearing for the Case

Arocles Aguilar argued the cause, for petitioners. With her on the briefs were Edward W. O'Neill, Harvey Y. Morris, Barry E. Cohen, Margaret Ann Samuels and Joseph P. Serio.

Samuel Soopper, Atty., F.E.R.C., argued the cause, for respondent. With him on the brief was Jerome M. Feit, Sol., F.E.R.C.

James M. Broadstone, argued the cause, for intervenor Gas Research Institute. With him on the brief were Steven M. Kramer and William H. Kockenmeister.

Ronald E. Christian and Leja D. Courter entered an appearance, for intervenor Indiana Gas Co., Inc.

Henry S. May, Jr. entered an appearance, for intervenors Panhandle Eastern Pipe Line Co., Trunkline Gas Co., Algonquin Gas Transmission Co., and Texas Eastern Transmission Corp.

Merlin Everett Remmenga entered an appearance, for intervenors Panhandle Eastern Pipe Line Co. and Trunkline Gas Co.

Judy M. Johnson entered an appearance, for intervenors Panhandle Eastern Pipe Line Co., Trunkline Gas Co., and Algonquin Gas Transmission Co.

F. Nan Todd Wagoner entered an appearance, for intervenor Texas Eastern Transmission Corp.

Rebecca S. Haney entered an appearance, for intervenor Algonquin Gas Transmission Co.

Frederick Moring entered an appearance, for intervenor Associated Gas Distributors.

Steven M. Sherman entered an appearance, for intervenor Citizens Gas & Coke Utility.

Kenneth D. Brown entered an appearance, for intervenor Public Service Elec. & Gas Co.

Kenneth Richard Carretta, William Augustus Williams, John Brooks Harrington, James J. Mayer, and John G. Banner entered an appearance, for intervenors Cincinnati Gas & Elec. Co., Union Light, Heat and Power Co., and Lawrenceburg Gas Co.

Michael A. Cartelli, David James Gilmore, and David Leo Huard entered an appearance, for intervenor Southern California Gas Co.

Telemac Nicholas Chryssikos, Robert B. Evans, and John Brian Keane entered an appearance, for intervenor Washington Gas Light Co.

David J. Muchow and Eric N. Wise entered an appearance, for intervenor American Gas Ass'n.

David C. Keenan, Stephen Jay Small, Giles D.H. Snyder, and Frederic J. George entered an appearance, for intervenor Columbia Gas Transmission Companies.

Jean Elizabeth Sonneman and John Hubbard Cheatham, III entered an appearance, for intervenor Interstate Natural Gas Ass'n of America.

Paul F. O'Konski and Randolph C. Bruton, Jr. entered an appearance, for intervenor Mitchell Energy Corp.

Paul Korman, Georgetta Jordan Baker, Emmitt C. House, Paul Warren Mallory, and Paul E. Goldstein entered an appearance, for intervenor Natural Gas Pipeline Co. of America.

William Howard Penniman entered an appearance, for intervenors Process Gas Consumers Group, American Iron and Steel Institute, and Georgia Industrial Group.

Jeffrey D. Komarow entered an appearance, for intervenor Alabama Gas Corp.

Cheryl Lamae Jones and Barbara K. Heffernan entered an appearance, for intervenors Bay State Gas Co., et al.

Allen Weinberg entered an appearance, for intervenor Philadelphia Gas Works.

John Howard Cary entered an appearance, for intervenor Williams Natural Gas Co.

Daniel Francis Collins and Howard Lawrence Nelson entered an appearance, for intervenors ANR Pipeline Co. and Colorado Interstate Gas Co.

G. Mark Cook entered an appearance, for intervenor Colorado Interstate Gas Co.

J. Paul Douglas and Bruce Alan Connell entered an appearance, for intervenor Conoco Inc.

Thomas Burns Magee and Jon Lodwick Brunenkant entered an appearance, for intervenor Marathon Oil Co.

Mark Kevin Lewis and Bruce Fraser Kiely entered an appearance, for intervenor Wisconsin Distributor Group.

Thomas M. Patrick entered an appearance, for intervenor Peoples Gas Light and Coke Co.

David Warren Anderson entered an appearance, for intervenor Pacific Gas Transmission Co. and Pacific Gas and Elec. Co.

Patrick G. Golden entered an appearance, for intervenor Pacific Gas Transmission Co.

Martin John Marz and Sherrie N. Rutherford entered an appearance, for intervenors Northern Natural Gas Co., Florida Gas Transmission Co., and Transwestern Pipeline Co.

Martin J. Bregman entered an appearance, for intervenor Western Resources, Inc.

Michael W. Hall entered an appearance, for intervenor Brooklyn Union Gas Co.

Christopher John Barr, Kristine Leah Delkus, and Roberta Lee Halladay entered an appearance, for intervenor United Distribution Companies.

Before: MIKVA, Chief Judge, SILBERMAN and BUCKLEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners, two state agencies authorized to represent the interests of residential consumers, assert that FERC acted arbitrarily and capriciously when it approved funding mechanisms for the Gas Research Institute that allegedly unduly discriminate against those consumers. We deny the petitions for review.

I.

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