ALABAMA MUN. DISTRIBUTORS GROUP v. F.E.R.C.

No. 01-1299.

312 F.3d 470 (2002)

ALABAMA MUNICIPAL DISTRIBUTORS GROUP, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Southern Natural Gas Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 2002.


Attorney(s) appearing for the Case

Joshua L. Menter argued the cause for petitioners and supporting intervenors. With him on the briefs were William T. Miller and James R. Choukas-Bradley. L. Clifford Adams Jr. entered an appearance.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor. Lona T. Perry and Monique L. Watson, Attorneys, entered appearances.

Patrick B. Pope, R. David Hendrickson, Howard L. Nelson, Roy R. Robertson, Jr., Lyle D. Larson and Bridget E. Shahan were on the brief for intervenors Southern Natural Gas Company, et al., in support of respondent. Daniel F. Collins and Donna J. Bailey entered appearances.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed By Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Petitioners either are purchasers or represent purchasers of gas transported on Southern Natural Gas Company's pipeline system. They protest the Federal Energy Regulatory Commission's grant to Southern of a certificate of public convenience and necessity for construction and operation of pipeline facilities intended to provide fuel to Southern Company Services...

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