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SOUTHERN CALIFORNIA EDISON COMPANY v. F.E.R.C.

No. 97-1450.

162 F.3d 116 (1998)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Utilities Commission of the State of California, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1998.

As Amended February 4, 1999.

Attorney(s) appearing for the Case

John G. Roberts, Jr. argued the cause for petitioner. With him on the briefs were Kevin J. Lipson, Richard T. Saas, Catherine E. Stetson and Stephen E. Pickett.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel.

Richard C. Green argued the cause for intervenors El Paso Natural Gas Company, et al. With him on the brief were Judy A. Johnson, Kenneth M. Minesinger, James R. McCotter, David L. Huard, Patrick G. Golden, Joel L. Greene, John P. Gregg, Michael Hall, Kelly A. Daly, James H. McGrew, James F. Moriarty, Katherine B. Edwards, John C. Walley, Douglas M. Canter and Barbara S. Jost. David W. Anderson and Kim M. Clark entered appearances.

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

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Petitioner Southern California Edison Company ("Edison") is an electric utility, and Southern California Gas Company ("SoCal") is a gas distributor — a local distribution company or LDC. To supply gas for the generation of electricity, Edison buys firm gas transportation service on the pipeline systems of both El Paso Natural Gas Company and SoCal. In a curious...

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