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IROQUOIS GAS TRANSMISSION SYSTEM, L.P. v. F.E.R.C.

Nos. 97-1276 and 97-1533.

145 F.3d 398 (1998)

IROQUOIS GAS TRANSMISSION SYSTEM, L.P., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided July 21, 1998.

Attorney(s) appearing for the Case

Joseph S. Koury argued the cause for petitioner. With him on the briefs were James T. McManus, Jeffrey A. Bruner and Paul W. Diehl.

Samuel Soopper, 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. John H. Conway, Deputy Solicitor, entered an appearance.

Dennis Lane argued the cause for intervenors Public Service Commission of the State of New York, et al. With him on the brief were David W. D'Alessandro, Mary Ann Walker, Neil L. Levy, Richard A. Rapp, Jr., Lillian S. Harris and Kevin J. McKeon.

Before: WALD, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge WALD.

WILLIAMS, Circuit Judge:

Iroquois Gas Transmission System, L.P., ran up substantial legal defense costs as a result of federal investigations into environmental violations committed in its construction of a natural gas pipeline. The Federal Energy Regulatory Commission issued orders excluding these legal costs from the rate base used to calculate...

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