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PROCESS GAS CONSUMERS GROUP v. F.E.R.C.

Nos. 93-1405, 93-1739.

158 F.3d 591 (1998)

PROCESS GAS CONSUMERS GROUP and American Iron and Steel Institute, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, National Fuel Gas Supply Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1998.

Attorney(s) appearing for the Case

John T. Miller, Jr. argued the cause for petitioners. With him on the briefs were Edward J. Grenier, Jr., and William H. Penniman. Sterling H. Smith entered an appearance.

John H. Conway, Deputy Solicitor, 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.

Stanley W. Balis argued the cause for intervenors Municipal Defense Group and Texas Eastern Transmission Corporation. With him on the brief were Richard J. Kruse, Henry S. May, Jr., Judy M. Johnson and Catherine O'Harra. F. Nan Todd Wagoner entered an appearance.

Before: WILLIAMS, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In Order No. 636, FERC exercised its authority under § 5 of the Natural Gas Act, 15 U.S.C. § 717d, to require that natural gas pipeline companies unbundle their gas transportation and sales services and file tariffs in compliance with the order.1 The tariff filing at issue here provides that in the event of certain curtailments...

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