ASHLAND EXPLORATION v. FEDERAL ENERGY REGULATORY

No. 79-1102.

631 F.2d 1018 (1980)

ASHLAND EXPLORATION, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 2, 1980.


Attorney(s) appearing for the Case

Bernard A. Foster, III, Washington, D. C., with whom Phyllis C. Rainey, Houston, Tex., for intervenor, Tema Oil Company, and Richard F. Generelly, Washington, D. C., for petitioner, Ashland Exploration, were on the brief and presented argument for both parties. John H. Burnes, Jr., Washington, D. C., also entered an appearance for petitioner.

Kristina Nygaard, Atty., Federal Energy Regulatory Commission, Washington, D. C., for respondent.

Henry E. Brown, Colorado Springs, Colo., also entered an appearance for intervenor, Colorado Interstate Gas Company.

Alfred O. Holl and John H. Cary, Oklahoma City, Okl., also entered appearances for intervenor, Cities Service Gas Company.

Before TAMM and MIKVA, Circuit Judges, and GESELL, United States District Court Judge for the District of Columbia.


Opinion PER CURIAM.

PER CURIAM:

In the argot of natural gas regulation, a contract for the sale of natural gas "rolls over" when it expires and is replaced by another contract for the same supply of gas. Under current regulations of the Federal Energy Regulatory Commission (FERC), 18 C.F.R. § 2.56a(a)(5) (1979), sellers of flowing natural gas may charge higher rates if the gas is sold under a contract that has...

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