SOUTHEASTERN MICHIGAN GAS v. F.E.R.C.

Nos. 96-1200, 96-1207, 96-1211, 96-1213, 96-1216, 96-1307, 96-1324,96-1366, 96-1376, 96-1377, 96-1412, 96-1441, & 97-1079.

133 F.3d 34 (1998)

SOUTHEASTERN MICHIGAN GAS COMPANY AND MICHIGAN GAS COMPANY, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Northern States Power Company (Minnesota), et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1998.


Attorney(s) appearing for the Case

Clinton A. Vince argued the cause for joint petitioners and supporting intervenors, with whom Deborah A. Swanstrom, Emmitt C. House, Mary Ann Walker, Neil L. Levy, David I. Bloom, Randall B. Palmer, Shaheda Sultan, Elizabeth W. Whittle, Gordon J. Smith, Ronald N. Carroll, Charles H. Shoneman, Eileen G. Stanek, David D'Alessandro, Kelly A. Daly, Thomas L. Casey, Solicitor General, State of Michigan, Don L. Keskey and Henry Boynton, Assistant Attorneys General, Frederick J. Killion, Allan W. Anderson, Jr., and David B. Ward were on the joint briefs.

Deborah A. Moss argued the cause for petitioner Consumers Energy Company, with whom William M. Lange was on the briefs.

Frederick J. Killion argued the cause for petitioners Northern States Power Company, et al., with whom John H. Burnes, Jr., and Theresa I. Zolet were on the briefs.

Philip F. Cronin, Jr. argued the cause for petitioner Rochester Gas and Electric Corporation, with whom Elizabeth W. Whittle was on the briefs.

William W. Brackett argued the cause for petitioner Midland Cogeneration Venture Limited Partnership, with whom Terry O. Brackett was on the briefs.

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

James D. McKinney, Jr., argued the cause for intervenor Great Lakes Gas Transmission Limited Partnership, with whom G. William Stafford and John J. Wallbillich were on the brief.

Allan W. Anderson, Jr., argued the cause for intervenors in support of respondents, with whom David B. Ward, Shaheda Sultan, Charles H. Shoneman,and Elizabeth W. Whittle were on the brief.

Before: EDWARDS, Chief Judge, GINSBURG and SENTELLE, Circuit Judges.


SENTELLE, Circuit Judge:

This case grows out of a long-running dispute between the Great Lakes Gas Transmission Partnership ("Great Lakes"), various factions of its shippers, and the Federal Energy Regulatory Commission ("FERC"). We first reviewed FERC's resolution of this matter in TransCanada Pipe-Lines Ltd. v. FERC, 24 F.3d 305 (D.C.Cir. 1994), where we remanded the case to FERC for further consideration. On remand, FERC...

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