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MUNICIPAL DEFENSE GROUP v. F.E.R.C.

No. 97-1673.

170 F.3d 197 (1999)

MUNICIPAL DEFENSE GROUP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Texas Eastern Transmission Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 26, 1999.

Attorney(s) appearing for the Case

Stanley W. Balis argued the cause and filed the briefs for petitioner.

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.

Before: EDWARDS, Chief Judge, WILLIAMS and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

On May 1, 1997, Texas Eastern Transmission Corporation filed tariff revisions with the Federal Energy Regulatory Commission proposing to implement a change in the method by which the gas pipeline allocated forward-haul firm capacity that became available on its system, primarily due to contract expiration. In the past, Texas Eastern had allocated available firm capacity

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