MIDCOAST INTERSTATE TRANSMISSION, INC. v. F.E.R.C.

Nos. 98-1603, 98-1604, 99-1047 and 99-1090.

198 F.3d 960 (2000)

MIDCOAST INTERSTATE TRANSMISSION, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Huntsville Utilities Gas System, City of Huntsville, Alabama, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2000.


Attorney(s) appearing for the Case

Bernard A. Foster III, with whom Marvin T. Griff was on the briefs, argued the cause for petitioner Midcoast Interstate Transmission, Inc.

Marvin T. Griff argued the cause and filed the briefs for petitioners GASP Coalition and Citizens Opposing North Alabama Pipeline Project.

Monique Penn-Jenkins, Attorney, Federal Energy Regulatory Commission, with whom Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, FERC, were on the briefs, argued the cause for respondent.

Knox Bemis, with whom R. David Hendrickson, James J. Cleary, Glenn W. Letham, James R. Choukas-Bradley, Joshua Menter, Edward J. Grenier, and Gregory K. Lawrence were on the briefs, argued the cause for intervenors. Wendell B. Hunt, Channing D. Strother, Jr., Jeffrey D. Komarow, John T. Stough, Jr., Kevin M. Downey, and Joseph M. Marcoux entered appearances.

Before GINSBURG and RANDOLPH, Circuit Judges, and BUCKLEY, Senior Circuit Judge.


Opinion filed by Senior Judge BUCKLEY.

BUCKLEY, Senior Judge:

Midcoast Interstate Transmission, Inc., and two unincorporated associations have filed petitions for review of Federal Energy Regulatory Commission orders granting Southern Natural Gas Company's application to construct a natural gas pipeline and denying Midcoast's alternative proposals for serving the same markets. Petitioners claim that the Commission...

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