PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mojave Pipeline Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 2, 1998.
Decided May 22, 1998.
Attorney(s) appearing for the Case
Mark Fogelman, San Francisco, CA, argued the cause and filed the briefs for petitioner Public Utilities Commission of the State of California.
Katherine B. Edwards argued the cause for Interstate petitioners, with whom Frederick T. Kolb, New Orleans, LA, Philip D. Gettig, Fort Worth, TX, and Norman A. Pedersen, Los Angeles, CA, were on the joint briefs. Jason F. Leif, Wasington, DC, entered an appearance.
Frederick Moring, Clifton S. Elgarten, Jessica R. Herrera, Wasington, DC, David J. Gilmore, Los Angeles, CA, A. Karen Hill, Washington, DC, Charles D. Gray, James Bradford Ramsey, Mike Florio, Nicholas W. Fels, Washington, DC, James F. Walsh, III, and Christopher J. Barr, Washington, DC, were on the joint briefs for petitioners Southern California Gas Co., et al.
Samuel Soopper, Attorney, Federal Energy Regulatory Commission, Mount Rainier, MD, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, Washington, DC, were on the brief.
Katherine B. Edwards, Frederick T. Kolb, New Orleans, LA, Philip D. Gettig, Fort Worth, TX, Norman A. Pedersen Los Angeles, CA, and Jason F. Leif, Washington, DC, were on the joint brief for intervenors Amoco Energy Trading Corporation, et al.
Mark Fogelman, San Francisco, CA, David J. Gilmore, Los Angeles, CA, Frederick Moring, Clifton S. Elgarten, Jessica R. Herrera, A. Karen Hill, Washington, DC, Charles D. Gray, Sacramento, CA, James Bradford Ramsey, Mike Florio, Nicholas W. Fels, Washington, DC, James F. Walsh, III, and Christopher J. Barr Washington, DC, were on the joint brief for intervenors Public Utilities Commission of the State of California, et al. Roberta L. Halladay, Washington, DC, entered an appearance.
Before: EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge EDWARDS.
HARRY T. EDWARDS, Chief Judge:
The Federal Energy Regulatory Commission ("FERC") found that the Public Utilities Commission of California ("CPUC") impermissibly infringed on federal jurisdiction when it authorized Southern California Gas Co. ("SoCal"), an intrastate pipeline, to charge interstate shippers for access to local service. In reaching this conclusion,...
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