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COLUMBIA GAS TRANSMISSION CORP. v. F.E.R.C.

No. 04-1374.

448 F.3d 382 (2006)

COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Virginia Natural Gas, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 2006.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioner Virginia Natural Gas, Inc. With her on the briefs were Lee A. Alexander, Stefan M. Krantz, James Howard, and C. Todd Piczak.

Barbara K. Heffernan argued the cause for petitioner Columbia Gas Transmission Corporation. With her on the briefs were Debra Ann Palmer, William S. Lavarco, Stephen R. Melton, and Kurt L. Krieger.

Patrick Y. Lee, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Lee A. Alexander, Catherine E. Stetson, Stefan M. Krnatz, James Howard, C. Todd Piczak were on the brief for intervenor Virginia Natural Gas, Inc. in support of respondent.

Barbara K. Heffernan, Debra A. Palmer, William S. Lavarco, Stephen R. Melton, Kurt L. Krieger were on the brief for intervenor Columbia Gas Transmission Corporation in support of respondent.

Before: GINSBURG, Chief Judge, and SENTELLE and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

This case arises out of a mechanical failure that interrupted the provision of liquefied natural gas ("LNG") at a plant owned by Columbia Gas Transmission Corp. ("Columbia") in Chesapeake, Virginia during February 2003. Virginia Natural Gas ("VNG") — one of Columbia's affected customers — filed a complaint before the Federal Energy Regulatory Commission ("FERC" or...

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