Nos. 93-1566, 93-1837, 94-1016, 94-1023, 94-1357 and 94-1562.

140 F.3d 1085 (1998)

TENNESSEE VALLEY MUNICIPAL GAS ASSOCIATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, ANR Pipeline Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 1998.

Attorney(s) appearing for the Case

Jennifer N. Waters, Washington, DC, argued the cause for petitioners East Tennessee Group and Tennessee Valley Municipal Gas Association. With her on the briefs were Jack M. Irion, Glenn W. Letham and Channing D. Strother, Jr, Washington, DC.

Lee A. Alexander, Washington, DC, argued the cause for petitioners Ocean State Power, et al. With him on the briefs were Stefan M. Krantz and Yoav K. Gery, Washington, DC. Carl M. Fink, Portland, OR, entered an appearance.

Edward S. Geldermann, Attorney, Bethesda, MD, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were Jay L. Witkin, Solicitor, John H. Conway, Deputy Solicitor, Susan J. Court, Special Counsel, and Janet Kay Jones, Attorney.

Robert H. Benna, Washington, DC, argued the cause for intervenor Tennessee Gas Pipeline Company. With him on the brief was Jeanne M. Bennett, Washington, DC. Michael J. Fremuth, Washington, DC, entered an appearance.

Bruce A. Connell, Houston, TX, Kevin M. Sweeney, Joseph D. Naylor, Wilmington, DC, John E. Dickinson, Michael L. Pate, Washington, DC, Charles J. McClees, Jr., Mickey Jo Lawrence, and Norma J. Rosner, Houston, TX, were on the brief for intervenors Indicated Shippers. J. Paul Douglas, Gastonia, NC, entered an appearance.

Before: WALD, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed PER CURIAM.


The two issues presented in these consolidated petitions arise from orders of the Federal Energy Regulatory Commission relating to Tennessee Gas Pipeline Company's restructuring of its service and operations to conform with Order No. 636. See United Distribution Cos. v. FERC ("UDC"), 88 F.3d 1105 (D.C.Cir.1996).

The first issue deals with a difference in the...

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