CITY OF FORT MORGAN, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
K N Wattenberg Transmission Limited Liability Company; Leprino Foods Company and Excel Corporation, "Shippers"; Colorado Interstate Gas Company; Public Service Company of Colorado; Public Utilities Commission of The State of Colorado, Intervenors.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 25, 1999.
June 25, 1999.
Attorney(s) appearing for the Case
Dudley P. Spiller, Gorsuch Kirgis, LLP, Denver, Colorado (Harry L. Pliskin, Gorsuch Kirgis, LLP, Denver, Colorado, and Eric C. Jorgenson, Fort Morgan City Attorney, Fort Morgan, Colorado, with him on the briefs), for Petitioner.
Laura J. Vallance (Douglas W. Smith, Jay L. Witkin, and Susan J. Court with her on the brief), Federal Energy Regulatory Commission, Washington, D.C., for Respondent.
John H. Burnes, Jr., Van Ness Feldman, PC, Washington, D.C. (T.J. Carroll, Assistant General Counsel, K N Wattenberg Transmission Limited Liability Company, Lakewood, Colorado, and John R. Webb, Holme Roberts & Owen, LLP, Denver, Colorado, with him on the brief), for Intervenors K N Wattenberg Transmission Limited Liability Company, Leprino Foods Company and Excel Corporation.
Robert I. White, Squire, Sanders & Dempsey, LLP, Washington, D.C. (Nancy A. White, Squire, Sanders & Dempsey, LLP, Washington, D.C., and James D. Albright, New Century Services, Inc., Denver, Colorado, with him on the briefs), for Intervenor Public Service Company of Colorado.
Gregory E. Sopkin, Assistant Attorney General (Gale A. Norton, Attorney General, Richard A. Westfall, Solicitor General, Linda L. Siderius, Deputy Attorney General, and Raymond L. Gifford, First Assistant Attorney General, with him on the brief), for Intervenor Colorado Public Utilities Commission.
Before SEYMOUR, Chief Judge, ANDERSON and HENRY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
STEPHEN H. ANDERSON, Circuit Judge.
The City of Fort Morgan, Colorado, petitions for review of an order and order on rehearing by the Federal Energy Regulatory Commission ("FERC"), authorizing K N Wattenberg Limited Liability Company ("KNW") to construct and operate a new natural gas line and related facilities. The orders assert FERC jurisdiction over the facilities under section 1(b) of the Natural Gas Act ("NGA"), 15 U.S.C. §§ 717-717z. We grant the petition...
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