No. 97-1607.

158 F.3d 593 (1998)

AMOCO PRODUCTION COMPANY and Amoco Energy Trading Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Winfield, Kansas, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 23, 1998.

Attorney(s) appearing for the Case

Katherine B. Edwards argued the cause for petitioners. With her on the briefs were Nancy J. Skancke, Frederick T. Kolb and Mickey J. Lawrence.

Susan J. Court, Special Counsel, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Jay L. Witkin, Solicitor, John H. Conway, Deputy Solicitor, and Edward S. Geldermann, Attorney.

Richard D. Avil, Jr. argued the cause for intervenor NorAm Gas Transmission Company. With him on the brief were Martin V. Kirkwood, Jason F. Leif and Sherrie N. Rutherford.

Before: SILBERMAN, GINSBURG, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Opinion concurring in part and dissenting in part filed by Circuit Judge RANDOLPH.

SILBERMAN, Circuit Judge:

Petitioners, a group of natural gas shippers who are customers of Intervenor NorAm Gas Transmission Company's pipeline, seek review of an order issued by FERC approving proposed tariffs filed by NorAm. Those tariffs increase certain penalties on shippers and allow NorAm to retain the revenues...

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