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INTERMOUNTAIN MUNICIPAL GAS AGENCY v. F.E.R.C.

No. 02-1141.

326 F.3d 1281 (2003)

INTERMOUNTAIN MUNICIPAL GAS AGENCY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Questar Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 2003.

Attorney(s) appearing for the Case

J. Craig Smith argued the cause for the petitioner. Scott M. Ellsworth and Charles F. Wheatley, Jr. were on brief.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor, Federal Energy Regulatory Commission were on brief. Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, entered an appearance.

David S. Andersen and C. Scott Brown were on brief for the intervenor.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Petitioner Intermountain Municipal Gas Agency (Intermountain) is an association of southern Utah and northern Arizona municipalities. Intervenor Questar Gas Company (Questar), formerly Mountain Fuel Supply Company (Mountain Fuel), operates a pipeline that delivers natural gas to customers in southern Utah, including members of Intermountain. In response...

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