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NORAM GAS TRANSMISSION CO. v. F.E.R.C.

No. 97-1101.

148 F.3d 1158 (1998)

NORAM GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. City of Clarksville, Tennessee, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 1998.

Attorney(s) appearing for the Case

Richard D. Avil, Jr. argued the cause for petitioner, with whom Martin V. Kirkwood, Jason F. Leif and Sherrie N. Rutherford were on the briefs.

John H. Conway, Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, and Janet Kay Jones, Attorney, were on the brief.

Jeffrey D. Komarow argued the cause for intervenor Tennessee Gas Pipeline Company, with whom Michael J. Thompson was on the brief. Michael J. Fremuth entered an appearance.

Before: WALD, SENTELLE and RANDOLPH, Circuit Judges.

SENTELLE, Circuit Judge:

NorAm Gas Transmission Co. ("NorAm") petitions for review of an order issued by the Federal Energy Regulatory Commission ("FERC" or "the Commission") approving a contested settlement filed by Tennessee Gas Pipeline Co. ("Tennessee"), and of an order denying NorAm's request for rehearing. In the proceedings before the agency, NorAm objected to the proposed settlement on the grounds that Tennessee's rate structure, which allocates costs based...

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