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PENNSYLVANIA OFFICE OF CONSUMER ADVOCATE v. FERC

Nos. 93-1662, 93-1666.

131 F.3d 182 (1997)

PENNSYLVANIA OFFICE OF CONSUMER ADVOCATE, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Carnegie Natural Gas Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1997.

Attorney(s) appearing for the Case

Denise C. Goulet, Harrisburg, PA, argued the cause for petitioners, with whom Irwin A. Popowsky, Lawrence F. Barth and John F. Povilaitis were on the briefs. Veronica A. Smith entered an appearance.

Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, John H. Conway, Deputy Solicitor, and Susan J. Court, Attorney, were on the brief. Joel M. Cockrell, Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

At issue in this case is a claim by the Pennsylvania Office of Consumer Advocate ("Consumer Advocate") and the Pennsylvania Public Utility Commission ("Public Utility Commission") (collectively "petitioners") that the Federal Energy Regulatory Commission ("FERC" or "Commission") erred in approving restructured tariff provisions submitted by Carnegie Natural Gas Company...

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