PACIFIC GAS AND ELECTRIC COMPANY; Southern California Gas Company; Southern Union Gas Company, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT; Commissioner for Public Lands for the State of New Mexico, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 19, 1997.
February 19, 1997.
Attorney(s) appearing for the Case
Frank Rich Lindh, Patrick G. Golden, Pacific Gas & Electric Company Law Department, San Francisco, CA, for Pacific Gas and Electric Company, petitioner.
David L. Huard, Southern California Gas Company, Los Angeles, CA, Thomas Robert Brill, Pacific Enterprises, Los Angeles, CA, for Southern California Gas Company, petitioner.
James F. Moriarty, Fleischman & Walsh, Washington, D.C., for Southern Union Gas Company and Citizens Utilities Co.
Larry Robert Cope, Rosemead, CA, for Southern California Edison Company, intervenor.
John Postler Gregg, Miller, Balis & O'Neil, Washington, D.C., for El Paso Municipal Customer Group.
Patricia L. Weiss, Federal Energy Regulatory Commission, Washington, D.C., Jerome M. Feit, Solicitor, Federal Energy Regulatory Commission, Office of the Solicitor, Washington, D.C., for Federal Energy Regulatory Commission.
James Howard, Washington, D.C., for Colorado Interstate Gas Company (CIG), intervenor.
Janice Ann Alperin, Washington, D.C., for ANR Pipeline Company, intervenor.
Joel L. Greene, Washington, D.C., for Salt River Project.
Richard C. Green, Judy A. Johnson, Kenneth M. Minesinger, Andrews & Kurth, Washington, D.C., for El Paso Natural Gas Co.
Kim Martin Clark, John, Hengerer & Esposito, Washington, D.C., for Meridian Oil Inc.'s.
Steven Robert Hunsicker, Samuel J. Waldon, Debra Raggio Bolton, Baker & Botts, Washington, D.C., for New Mexico Energy, Minerals and Natural Resources Dept. and Com'n for Public Lands for the State of New Mexico, petitioners.
J.E. Gallegos, Santa Fe, NM, for Pro New Mexico Inc. ("PRO"), intervenor.
Barbara S. Jost, Huber, Lawrence & Abell, Washington, D.C., for Phelps Dodge Corporation, intervenor.
Before HIGGINBOTHAM, BARKSDALE and EMILIO M. GARZA, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This case requires us to decide whether the Natural Gas Act supplies the Federal Energy Regulatory Commission with jurisdiction over gathering facilities operated by a corporation that is wholly-owned by an interstate natural gas pipeline company. We affirm FERC's conclusion that these gathering facilities are beyond its regulatory reach, notwithstanding the fact that the gatherer is a subsidiary of a pipeline company that transports...
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