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NORTHERN MUN. DISTRIBUTORS GROUP v. F.E.R.C.

Nos. 97-1457, 97-1492.

165 F.3d 935 (1999)

NORTHERN MUNICIPAL DISTRIBUTORS GROUP, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Terra International, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1999.

Attorney(s) appearing for the Case

Thomas C. Gorak argued the cause and filed the briefs for petitioners Northern Municipal Distributors Group and Midwest Region Gas Task Force Association. Carl W. Ulrich entered an appearance.

Frank X. Kelly argued the cause for petitioner Northern Natural Gas Company. With him on the briefs were Steve Stojic, Franklin R. Bay and Dari R. Dornan.

Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel.

Carolyn Y. Thompson argued the cause and filed the brief for intervenor Minnegasco, a Division of NorAm Energy Corporation.

Frank X. Kelly, Steve Stojic, Franklin R. Bay, Dari R. Dornan and Carolyn Y. Thompson were on the joint brief for intervenors Northern Natural Gas Company and Minnegasco, a Division of NorAm Energy Corporation.

Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Federal Energy Regulatory Commission sought in five orders to ensure adequate supplies of gas at Carlton, Minnesota on the Northern Natural Gas Pipeline. A settlement agreement, as modified by the Commission, requires that some shippers supply gas at Carlton and other shippers pay a surcharge to reimburse the supplying shippers. Petitioner Northern Natural Gas ("Northern") contends...

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