EL PASO NATURAL GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Gas Company of New Mexico, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 11, 1995.
Decided October 4, 1996.
Attorney(s) appearing for the Case
Thomas R. Kline, with whom Judy A. Johnson, Thomas E. Starnes, Washington, DC, Britton White, Jr., and James R. McCotter, El Paso, TX, were on the briefs, argued the cause for petitioner.
Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission ("FERC"), with whom Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Solicitor, FERC, Washington, DC, were on the brief, argued the cause for respondent.
Patrick G. Golden, San Francisco, CA, Edward W. O'Neill, San Anselmo, CA, Harvey Y. Morris, Mary F. McKenzie, San Francisco, CA and Randall R. Morrow, Los Angeles, CA, were on the joint brief for intervenors. David L. Huard, Los Angeles, CA, entered an appearance for intervenor Southern California Gas Company. Bruce A. Cornell entered an appearance for intervenor Conoco, Inc. John C. Walley, Las Vegas, NV, entered an appearance for intervenor Southwest Gas Corporation. David W. D'Alessandro, Washington, DC, entered an appearance for intervenor Arizona Public Service Company. Joel L. Greene, Washington, DC, entered an appearance for intervenors Arizona Public Service Company, Phelps Dodge Corporation, and Salt River Project Agricultural Improvement and Power District. Irving J. Golub, Houston, TX, entered an appearance for intervenor Gas Company of New Mexico. John P. Gregg, Washington, DC, entered an appearance for intervenor El Paso Municipal Customer Group. James F. Moriarty, Washington, DC, entered an appearance for intervenor Citizens Utilities Company.
Before EDWARDS, Chief Judge, WILLIAMS, Circuit Judge, and BUCKLEY, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Senior Circuit Judge BUCKLEY.
BUCKLEY, Senior Circuit Judge:
This case arises out of a tariff filing by El Paso Natural Gas Company in which it sought to recover from its customers 75 percent of the value of certain oil and gas bearing properties it had transferred to a gas producer as part of a settlement agreement to resolve a "take-or-pay" contract dispute. Relying solely on a discounted...
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