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TRANSCONTINENTAL GAS PIPE LINE CORPORATION v. FEDERAL ENERGY REGULATORY COMMISSION

No. 06-1286.

518 F.3d 916 (2008)

TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Piedmont Natural Gas Company, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2008.

Attorney(s) appearing for the Case

Gregory Grady argued the cause for petitioner. With him on the briefs were Michael J. Thompson, Randall R. Conklin, and David A. Glenn.

Beth G. Pacella, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor. John S. Moot, Attorney, entered an appearance.

Before: TATEL, BROWN, and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

Opinion concurring in part and dissenting in part filed by Circuit Judge BROWN.

TATEL, Circuit Judge:

Its existing pipeline too small to carry gas shipped by several new customers, petitioner Transcontinental Gas Pipe Line Corp. (Transco) expanded its pipeline and installed new compressors to push the added gas through the larger pipeline. In keeping with its normal practice, Transco sought to distribute...

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