PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Michigan Gas Utilities, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 19, 1996.
Decided September 10, 1996.
Attorney(s) appearing for the Case
Henry S. May, Jr., Washington, DC, argued the causes for Pipeline petitioners and intervenors, with whom Judy M. Johnson, Catherine O'Harra, Merlin E. Remmenga, Houston, TX, John R. McDermott, Richard J. Kruse, Jr., Houston, TX, Clayton G. Smith, W. Douglas Field, Jr., and John F. Harrington were on the joint briefs. Brian D. O'Neill, Lawrence G. Acker, Michael Thompson, Shemin V. Proctor, Anthony J. Ivancovich and Michael J. Fremuth, Washington, DC, entered appearances.
Timothy N. Black, Washington, DC, argued the causes for Customer petitioners and intervenors, with whom John H. Pickering, Susan D. McAndrew, Washington, DC, Stephen J. Small, Boston, MA, and Jeffrey M. Petrash, Washington, DC, were on the joint briefs. Kenneth E. Tawney, Charleston, WV, entered an appearance.
Timm L. Abendroth, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent, with whom Jerome M. Feit, Solicitor, and Patricia L. Weiss, Attorney, were on the brief. Jill Hall, Attorney, entered an appearance.
Steven M. Sherman entered an appearance for intervenor Citizens Gas & Coke Utility. Whitney E. Bakley entered an appearance for intervenor Indiana Gas Company, Inc. Glenn W. Letham, Washington, DC, entered an appearance for intervenor Memphis Light, Gas and Water Division City of Memphis. Richard A. Rapp, Jr. entered an appearance for intervenor Long Island Lighting Company. Peter C. Lesch entered an appearance for intervenors Cincinnati Gas & Electric Company and Union Light, Heat and Power Company. Timothy A. Beverick entered an appearance for intervenor Dayton Power and Light Company. Kathleen L. Mazure, Washington, DC, entered an appearance for intervenor Consolidated Edison Company of New York, Inc. Olga J. Weller entered an appearance for intervenor Louisville Gas and Electric Company. Elisabeth R. Myers-Kerbal, Washington, DC, entered appearances for intervenors The Western Tennessee Municipal Group, Jackson Utility Division, City of Jackson, Tennessee and The Kentucky Cities. Thomas C. Gorak entered appearances for intervenors City of Richmond, Virginia and The City of Charlottesville, Virginia. James F. Bowe, Jr., Washington, DC, entered an appearance for intervenor Virginia Natural Gas, Inc.
Before: WALD, GINSBURG, and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
GINSBURG, Circuit Judge:
In these consolidated petitions, five interstate natural gas pipelines and three of their customers request review of a series of orders issued by the Federal Energy Regulatory Commission concerning the appropriate allocation of production-related costs that the Pipeline Petitioners incurred from 1980 to 1983. We deny all but one of the petitions.
I. Background
In Title I of the Natural Gas Policy Act of 1978 the Congress...
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