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LOMAK PETROLEUM, INC. v. F.E.R.C.

No. 99-1113.

206 F.3d 1193 (2000)

LOMAK PETROLEUM, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Norse Pipeline, LLC and Columbia Gas Transmission Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 2000.

Attorney(s) appearing for the Case

Joseph D. Lonardo argued the cause for petitioner. With him on the briefs was John W. Wilmer, Jr.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John H. Conway, Acting Solicitor, and Susan J. Court, Acting Deputy Solicitor. Jay L. Witkin, Solicitor at the time the brief was filed, entered an appearance.

Frederic J. George, Robin Nuschler, Randall S. Rich and S. Dennis Holbrook were on the brief of intervenors Columbia Gas Transmission Corporation and Norse Pipeline, LLC. Betsy R. Carr entered an appearance.

Before: EDWARDS, Chief Judge, TATEL, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

In May 1998, Columbia Gas Transmission Corporation requested authorization from the Federal Energy Regulatory Commission (FERC) to abandon, by sale to Norse Pipeline, LLC, Columbia's "Project Penny" facilities.1 At the same time, Norse asked FERC to disclaim jurisdiction over the Project Penny facilities once Columbia conveyed them, on the ground that...

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