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NE HUB PARTNERS v. CNG TRANSMISSION CORP.

No. 00-3387.

239 F.3d 333 (2001)

Ne Hub Partners, L.P., Appellant v. Cng Transmission Corporation; Penn Fuel Gas, Inc.; James M. Seif; George J. Miller; Michelle A. Coleman; Thomas W. Renwand; Bernard A. Labuskes, Jr.

United States Court of Appeals, Third Circuit.

Filed January 29, 2001.

Attorney(s) appearing for the Case

Walter A. Bunt, Jr. (argued) Daniel P. Trocchio Kirkpatrick & Lockhart 535 Smithfield Street Henry W. Oliver Building Pittsburgh, PA 15222

Andrew H. Cline Kirkpatrick & Lockhart 240 North Third Street Harrisburg, PA 17101, Attorneys for Appellant.

Stanley R. Geary (argued) Buchanan Ingersoll 301 Grant Street One Oxford Centre, 20th Floor Pittsburgh, PA 15219-1410, Attorney for Appellee CNG Transmission Corporation.

Karol L. Newman (argued) Hogan & Hartson 555 13th Street, N.W. Washington, DC 02004-1109, Attorney for Appellee Penn Fuel Gas, Inc.

D. Michael Fisher Attorney General J. Bart DeLone (argued) Deputy Attorney General Calvin R. Koons Senior Deputy Attorney General John G. Knorr Office of the Attorney General of Pennsylvania, 15th Floor Strawberry Square Harrisburg, PA 17120, Attorney for Appellees George J. Miller, Michelle Coleman, Thomas W. Renwand, and Bernard A Labuskes, Jr.

BEFORE: NYGAARD, GREENBERG, and COWEN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

After detailed examination of numerous technical, safety, and environmental issues, the Federal Energy Regulatory Commission ("FERC") issued a certificate of public convenience and necessity for plaintiff-appellant NE Hub Partners, L.P.'s ("NE Hub") natural gas storage facility (the "Facility") in Tioga County, Pennsylvania. The Commonwealth of Pennsylvania may seek to revisit those issues in consolidated administrative...

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