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COLORADO INTERSTATE GAS CO. v. F.E.R.C.

Nos. 97-1214 and 97-1215.

146 F.3d 889 (1998)

COLORADO INTERSTATE GAS COMPANY and ANR Pipeline Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, UGI Utilities, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1998.

Attorney(s) appearing for the Case

Richard W. Miller argued the cause for petitioners. With him on the briefs was Daniel F. Collins.

Edward S. Geldermann, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel.

Before: WALD, WILLIAMS and TATEL, Circuit Judges.

STEPHEN F. WILLIAMS, Circuit Judge:

Under the regulatory regime now applicable to interstate pipelines, not only pipelines but other actors in the gas industry (such as independent marketers) may hold entitlements to pipeline capacity. Non-pipeline actors are free to acquire additional capacity entitlements without advance approval by the Federal Energy Regulatory Commission. But in the decisions under review here, the Commission ruled that an interstate pipeline...

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