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

Nos. 98-1075, 98-1089.

177 F.3d 995 (1999)

PROCESS GAS CONSUMERS GROUP, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Tennessee Gas Pipeline Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1999.

As Amended August 4, 1999.

Attorney(s) appearing for the Case

Edward J. Grenier, Jr. argued the cause for petitioners. With him on the briefs were Gregory K. Lawrence, Harvey L. Reiter, Barbara K. Heffernan and Debra Ann Palmer.

Andrew K. Soto, Attorney, 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.

Michael J. Fremuth argued the cause for intervenor. With him on the brief was Shemin V. Proctor. Robert M. Lamkin, Barbara K. Heffernan and Debra Ann Palmer entered appearances.

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

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Tennessee Gas Pipeline Company ("Tennessee") filed a tariff revision with the Federal Energy Regulatory Commission ("FERC" or "Commission") in 1996. The company sought to change the method it uses to allocate requests for available capacity on its natural gas pipeline, switching from "first come-first served" to "net present value," or "NPV." Over objections, FERC ultimately approved a...

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