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VILLAGE OF BETHANY, ILLINOIS v. F.E.R.C.

No. 99-1840.

276 F.3d 934 (2002)

VILLAGE OF BETHANY, ILLINOIS, et al., Petitioners, and Amoco Production Co., et al., Intervenors-Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Natural Gas Pipeline Co. of America, Intervenor-Respondent.

United States Court of Appeals, Seventh Circuit.

Decided January 11, 2002.

Attorney(s) appearing for the Case

Philip B. Malter (argued), Malter & Mickum, Riva, MD, for Petitioners.

Timm L. Abendroth (argued), Monique Penn-Jenkins, Dennis Lane, FERC, Washington, DC, for Respondent.

Paul W. Mallory (argued), KN Energy Inc., Office of the General Counsel, Lombard, IL, for Intervenor-Respondent.

Katherine P. Yarbrough, Sutherland, Asbill & Brennan, Washington, DC, for Intervenors-Petitioners Process Gas Consumers Group, American Iron and Steel Institute and International Paper Co.

Frederick T. Kolb, BP Amoco Corp. Houston, TX, for Intervenors-Petitioners Amoco Production Co. and Amoco Energy Trading Corp.

David I. Bloom, Mayer, Brown & Platt, Washington, DC, for Intervenor-Petitioner Northern Illinois Gas Co.

Sarah E. Tomalty, Dynegy Marketing & Trade, Washington, DC, for Intervenor-Petitioner Dynegy Marketing and Trade.

Before WOOD, JR., DIANE P. WOOD, and WILLIAMS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

The petitioners in this case are small municipalities (to which we refer collectively as the Municipalities) that buy natural gas transportation services from the Natural Gas Pipeline Company of America (Natural). In 1997, Natural filed tariffs with the Federal Energy Regulatory Commission (the Commission) proposing to change the way that it allocates capacity that becomes available on its pipeline. After several rounds of negotiations...

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