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NORTHERN NATURAL GAS v. U. S. DEPT. OF ENERGY

Civ. A. No. 78-464.

464 F.Supp. 1145 (1979)

NORTHERN NATURAL GAS COMPANY, Northern Gas Products Company, Northern Propane Gas Company, UPG, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF ENERGY, James R. Schlesinger, Secretary of the United States Department of Energy, David J. Bardin, Administrator of the Economic Regulatory Administration, Defendants.

United States District Court, D. Delaware.

January 12, 1979.

Attorney(s) appearing for the Case

Stephen E. Herrmann, of Richards, Layton & Finger, Wilmington, Del., Richard G. Morgan, Donald S. Arbour, and Christina W. Fleps, of O'Connor & Hannan, Washington, D. C., F. Vinson Roach, Frank J. Duffy, and Michael P. Moran, of Northern Natural Gas Co., Omaha, Neb., for plaintiffs.

James W. Garvin, Jr., U. S. Atty., John X. Denney, Jr., Asst. U. S. Atty., Wilmington, Del., Barbara Allen Babcock, C. Max Vasanelli and Dina R. Lassow, U. S. Dept. of Justice, Don W. Crockett, Cliff G. Russell, James R. Myers and Michael P. Phillips, U. S. Dept. of Energy, Washington, D. C., for defendants.

OPINION

STAPLETON, District Judge:

This is a pre-enforcement review action challenging regulations recently promulgated by the Department of Energy ("DOE") pertaining to the pricing of natural gas liquids ("NGLs") and natural gas liquid products ("NGLPs").1 Presently before the Court is a motion to preliminarily enjoin DOE from enforcing certain aspects of these new regulations, and from seeking penalties for non-compliance,...

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