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WILLISTON BASIN INTERSTATE PIPELINE v. F.E.R.C.

Nos. 93-1420, 93-1706 and 94-1053.

115 F.3d 1042 (1997)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Colorado Interstate Gas Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1997.

Attorney(s) appearing for the Case

Robert T. Hall, III argued the cause, for petitioner. With him on the briefs were Brian J. McManus, John R. Schaefgen, Jr., Washington, DC and Paul K. Sandness, Bismarck, ND. James K. Mitchell, Washington, DC, entered an appearance.

Patricia L. Weiss, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent. With her on the brief were Joseph S. Davies, Solicitor, and Susan J. Court, Special Counsel. Timm L. Abendroth, Attorney, Washington, DC, entered an appearance.

Alan J. Roth, Washington, DC, argued the cause and filed the brief, for intervenors. Douglas D. Eidahl, Pierre, SD, and Martin C. Jacobson, Helena, MT, entered appearances.

Before WALD, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In the era when it operated primarily as a gas merchant Williston Basin Interstate Pipeline Company held a considerable supply of natural gas in storage to meet its customers' peak winter needs. Part of this was "cushion" gas, which evidently is not ever recoverable, and part, some 20 billion cubic feet ("Bcf"), was "working...

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