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EXXON CORP. v. F.E.R.C.

No. 97-1092.

206 F.3d 47 (2000)

EXXON CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Consolidated Edison Company of New York, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 2000.

Attorney(s) appearing for the Case

Thomas J. Eastment argued the cause for petitioners. With him on the briefs were Marc C. Johnson, Bruce A. Connell, Jennifer S. Leete, Linda L. Geoghegan and Michael L. Pate.

Timm L. Abendroth, 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. John H. Conway, Deputy Solicitor, entered an appearance.

Marc Richter, Harvey L. Reiter, Richard Arlen Rapp, Jr., James H. Byrd, L. Clifford Adams, Jr., Allen Weinberg, Kenneth R. Carretta, John E. Holtzinger, Jr., Jacolyn A. Simmons and Kevin M. Downey were on the brief for intervenors. Kent K. Carter, Joel F. Zipp, Michael J. Fremuth, J. Paul Douglas and Mary L. Wright entered appearances.

Before: WILLIAMS, RANDOLPH and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

Dissenting opinion filed by Circuit Judge RANDOLPH.

STEPHEN F. WILLIAMS, Circuit Judge:

This case arises out of the Federal Energy Regulatory Commission's "unbundling" of interstate gas pipelines' sales and transportation service. As part of that unbundling, parties with firm rights to buy natural gas in the downstream areas served by Transcontinental Gas Pipe Line Corporation ("Transco...

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