CONOCO INC. v. F.E.R.C.

Nos. 94-1724, 94-1726, 94-1729 to 94-1732, 94-1735, 95-1007, 95-1013, 95-1080, 95-1172, 95-1342 and 95-1364.

90 F.3d 536 (1996)

CONOCO INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Vesta Energy Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1996.


Attorney(s) appearing for the Case

R. Gordon Gooch, Washington, DC, argued the cause, for petitioners and intervenors in support of petitioners Conoco Inc., et al. Maria M. Seidler, Tulsa, OK, argued the cause, for petitioner Arkansas Royalty Membership. With them on the briefs were Dena E. Wiggins, Washington, DC, Emery J. Biro, III, Bruce A. Connell, Mickey J. Lawrence, Houston, TX, David M. Sweet, Steven R. Hunsicker, Randall S. Rich, Washington, DC, and Christopher J. Bernard, Cincinnati, OH. Mario M. Garza, Houston, TX, Susan B. Dyer, Indianapolis, IN, Elisa J. Grammer, Monique L. Penn-Jenkins and Cheryl J. Walker, Washington, DC, entered appearances.

Richard D. Avil, Jr., Washington, DC, argued the cause, for petitioners and intervenors NorAm Gas Transmission Company, et al., with whom James E. Gauch, Washington, DC, Charles L. Pain, Petersburg, VA, Craig R. Rich and Mari M. Dugger, Tulsa, OK, were on the briefs.

Patricia L. Weiss, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, was on the brief. Timm L. Abendroth, Attorney, Washington, DC, entered an appearance.

John H. Cheatham, III, Richard C. Green, Kenneth M. Minesinger, Washington, DC, Charles L. Pain, Petersburg, VA, Craig R. Rich, Mari M. Dugger, Tulsa, OK, Richard D. Avil, Jr. and James E. Gauch, Washington, DC, filed the brief on behalf of intervenors Interstate Natural Gas Association of America, et al. Jean E. Sonneman, Washington, DC, entered an appearance.

Daniel F. Collins, Washington, DC, entered an appearance, for intervenor ANR Pipeline Company. Peter G. Esposito entered an appearance, for intervenor Natural Gas Clearinghouse. Lawrence G. Acker and Brian D. O'Neill entered an appearance, for intervenors Trunkline Gas Company and Panhandle Eastern Pipe Line Company. Judy A. Johnson entered an appearance, for intervenor El Paso Natural Gas Company. David S. Berman entered an appearance, for intervenor NJR Energy Corporation. Steven A. Weiler entered an appearance, for intervenor NOARK Pipeline System. Gordon J. Smith entered an appearance, for intervenor Pan-Energy Gas Services, Inc.

Patricia A. Curran, Houston, TX, entered an appearance, for amicus curiae, Cabot Oil & Gas Corporation.

Before: BUCKLEY, SENTELLE and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In these consolidated petitions for review of five orders of the Federal Energy Regulatory Commission,1 the principal issue is whether a jurisdictional exemption was properly granted to an affiliate of an interstate pipeline for its gathering2 service, which had formerly been operated...

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