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TRANSWESTERN PIPELINE CO. v. F.E.R.C.

Nos. 94-1298, 94-1295.

59 F.3d 222 (1995)

TRANSWESTERN PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Conoco, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 1995.

Attorney(s) appearing for the Case

Harvey Y. Morris, argued the cause for petitioner Public Utilities Com'n of the State of California and intervenors. With him on the briefs were Edward W. O'Neill and Arocles Aguilar for petitioner, Randall R. Morrow for intervenor Southern California Gas Co., Bruce A. Connell for intervenor Conoco, Inc.

Steve Stojic, argued the cause for petitioner Transwestern Pipeline Co., with him on the briefs were Frank X. Kelly, Joseph R. Hartsoe and Maria K. Pavlou.

Joel M. Cockrell, Atty., F.E.R.C., argued the cause for respondent, with him on the briefs were Jerome M. Feit, Sol., and Joseph S. Davies, Jr., Deputy Sol., F.E.R.C.

Martin J. Bregman entered an appearance for intervenor Western Resources, Inc. Gregory Grady, John H. Cary and Lois M. Henry entered appearances for intervenor Williams Natural Gas Co. David W. Anderson and Patrick G. Golden entered appearances for intervenor Pacific Gas and Elec. Co. F. Nan Todd Wagoner and Richard J. Kruse, Jr. entered appearances for intervenor Texas Eastern Transmission Corp.

Before: WILLIAMS, GINSBURG and RANDOLPH, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

On May 11, 1988 the Federal Energy Regulatory Commission approved a certificate filed by Transwestern Pipeline Company under which Transwestern would switch its method for recovering its costs of gas sold from a Purchased Gas Adjustment ("PGA") to a Gas Inventory Charge. The certificate provided among other things that if both of Transwestern's customers nominated purchases of zero under the new certificate, Transwestern could bill...

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