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KOCH GATEWAY PIPELINE CO. v. F.E.R.C.

No. 97-1024.

136 F.3d 810 (1998)

KOCH GATEWAY PIPELINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Utilities Board, of the City of Atmore, Alabama, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 1998.

Attorney(s) appearing for the Case

Michael E. McMahon argued the cause and filed the briefs for petitioner.

Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent, with whom Jay L. Witkin, Solicitor, Washington, DC, was on the brief.

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

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

In an attempt to comply with the restructuring of the natural gas pipeline industry ordered by the Federal Energy Regulatory Commission ("FERC" or "the Commission"), Koch Gateway Pipeline Company ("Koch" or "KGPC") revised its tariff to implement a new procedure for resolving imbalances in the amount of gas shipped by its transportation customers. After reviewing Koch's subsequent report...

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