PENNSYLVANIA OFFICE OF CONSUMER ADVOC. v. F.E.R.C.

Nos. 93-1662, 93-1666.

134 F.3d 422 (1998)

PENNSYLVANIA OFFICE OF CONSUMER ADVOCATE, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Carnegie Natural Gas Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 3, 1998.


Attorney(s) appearing for the Case

Denise C. Goulet, Harrisburg, PA, argued the cause for petitioners, with whom Irwin A. Popowsky, Harrisburg, PA, Lawrence F. Barth and John F. Povilaitis were on the briefs. Veronica A. Smith, Gainesville, FL, entered an appearance.

Timm L. Abendroth, Washington, DC, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, Washington, DC, John H. Conway, Deputy Solicitor, and Susan J. Court, Attorney, were on the brief. Joel M. Cockrell, Attorney, Washington, DC, entered an appearance.

Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, John H. Conway, Deputy Solicitor, and Susan J. Court, Attorney, were on the brief. Joel M. Cockrell, Attorney, entered an appearance.

Before: EDWARDS, Chief Judge, WALD and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

EDWARDS, Chief Judge:

On December 19, 1997, the court issued its decision in Pennsylvania Office of Consumer Advocate v. FERC, 131 F.3d 182 (D.C.Cir. 1997), denying petitioners' claim that the Federal Energy Regulatory Commission ("FERC" or "Commission") erred in adhering to an established policy in approving a tariff provision...

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