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NICOR EXPLORATION CO. v. F.E.R.C.

No. 94-40246.

50 F.3d 1341 (1995)

NICOR EXPLORATION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

April 27, 1995.

Attorney(s) appearing for the Case

Bernard A. Foster, III, William R. Mapes, Jr., Ross, Marsh & Foster, Washington, DC, for Robert W. Scarth.

H. Bruce Golden, Golden & Associates, P.C., Houston, TX, Roy T. Englert, Jr., Mayer, Brown & Platt, W. DeVier Pierson, Douglas Knox Bemis, Pierson Semmes and Bemis, Washington, DC, for petitioners.

Timm L. Abendroth, Jerome M. Feit, Sol. FERC, Washington, DC, for respondents.

Before REYNALDO G. GARZA, DAVIS and BARKSDALE, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

NICOR Exploration Company petitions this court to review a Federal Energy Regulatory Commission order granting Robert W. Scarth authority to collect incentive-based rates for natural gas pursuant to § 108 of the Natural Gas Policy Act ("NGPA"), 15 U.S.C. §§ 3301 et seq. The Commission concluded that the "area rate clauses" contained in gas supply contracts signed by NICOR and Scarth's predecessors authorize Scarth...

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