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NEW YORK STATE ELEC. & GAS CORP. v. F.E.R.C.

No. 97-1430.

177 F.3d 1037 (1999)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. The City of Charlottesville, Virginia, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Jonathan D. Schneider argued the cause for petitioner. With him on the briefs were Richard M. Lorenzo and David D'Alessandro.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel.

Robin Nuschler argued the cause for intervenor Columbia Gas Transmission Corporation. With her on the brief was Frederic J. George.

Before: GINSBURG, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

New York State Electric & Gas Corporation ("NYSEG"), a customer of Columbia Gas Transmission Company ("Columbia"), petitions for review of two orders by the Federal Energy Regulatory Commission, allowing Columbia to build additional facilities on its pipeline system and finding that absent changed circumstances Columbia may roll-in the cost of the expansion into systemwide rates...

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