EL PASO NATURAL GAS CO. v. F.E.R.C.

No. 94-1059.

50 F.3d 23 (1995)

EL PASO NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Utilities Commission of the State of California; Arizona Public Service Company; Salt River Project Agricultural Improvement and Power District; Meridian Oil Inc.; San Diego Gas & Electric Company; Southern California Gas Company; Southwest Gas Corporation; Transwestern Pipeline Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1995.


Attorney(s) appearing for the Case

Richard C. Green, Washington, DC, argued the cause, for petitioner. With him on the briefs, were James R. McCotter, El Paso, TX, Mark F. Sundback, Peter J. Thompson, Washington, DC and Phillip D. Endom, El Paso, TX. Britton White, Jr., El Paso, TX, entered an appearance.

Eric L. Christensen, Atty., F.E.R.C., Washington, DC, argued the cause, for respondent. With him on the brief, were Jerome M. Feit, Sol., and Joseph S. Davies, Jr., Deputy Sol., F.E.R.C., Washington, DC.

Mark Fogelman, San Francisco, CA, argued the cause, for intervenors. With him on the joint brief, were Edward W. O'Neill, San Francisco, CA, for Public Utilities Commission of the State of California, Douglas M. Gleason, James P. Walsh and Nicholas W. Fels, Washington, DC, for San Diego Gas & Electric Co. and David J. Gilmore, Los Angeles, CA, for Southern California Gas Co. Barbara S. Jost and Joel L. Greene, Washington, DC, entered appearances, for Arizona Public Service Co. and Salt River Project Agricultural Improvement and Power Dist. Kim M. Clark, Washington, DC, entered an appearance, for Meridian Oil Inc. John C. Walley, Las Vegas, NV, entered an appearance, for Southwest Gas Corp. Sherrie N. Rutherford, Houston, TX, and Steve Stojic, Washington, DC, entered appearances, for Transwestern Pipeline Co.

Before EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner El Paso Natural Gas Company ("El Paso") seeks review of two orders of the Federal Energy Regulatory Commission holding that a proposal by two local distribution companies ("LDCs") located in California to extend their pipeline network into Mexico would not bring the network within the Federal Energy Regulatory Commission's ("FERC" or "Commission") jurisdiction under §&...

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