MARYLAND PEOPLE'S COUNSEL, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Laclede Gas Company, Consumers Power Co., et al., Exxon Corporation, Columbia Gas Transmission Corp., et al., Shell Western E & P Inc. and Shell Offshore, Inc., Transcontinental Gas Pipe Line Corp., Champlin Petroleum Company, City of Charlottesville, Virginia, Indiana Gas Company, Inc., Panhandle Eastern Pipe Line Co., et al., Pacific Lighting Gas Supply Co., et al., Washington Gas Light Company, Louisiana Intrastate Gas, Tenneco Oil Company, et al., Texas Eastern Transmission Corp., UGI Corporation, Process Gas Consumers Group, Pennsylvania Gas and Water Company, Pennsylvania Public Utility Commission, Columbia Gas Distribution Companies, Baltimore Gas and Electric Company, Consolidated Edison Co. of New York, Inc., Philadelphia Electric Company, Long Island Lighting Company, Brooklyn Union Gas Company, Public Advocate — State of New Jersey, Pacific Gas and Electric Company, Mesa Petroleum Company, Cities Service Oil & Gas Corporation, Citizen Energy Corporation, General Service Customer Group, United Gas Pipe Line Company, Intervenors.
LACLEDE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Gas Company, Inc., Baltimore Gas and Electric Company, Pennsylvania Gas and Water Company, Tenneco Oil Company, et al., Tennessee Gas Pipeline Co., Columbia Gas Transmission Corp., et al., Transcontinental Gas Pipe Line Corp., City of Charlottesville, Virginia, Shell Western E & P Inc. and Shell Offshore, Inc., Brooklyn Union Gas Company, Panhandle Eastern Pipe Line Co., et al., Cities Service Oil & Gas Corporation, Public Advocate — State of New Jersey, Consumers Power Co. and Michigan Gas Storage Co., Washington Gas Light Company, South Jersey Gas Company, General Service Customer Group, Pacific Gas and Light Company, Pacific Lighting Gas Supply Co. and Southern California Gas Co., United Gas Pipe Line Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
August 6, 1985.
August 6, 1985.
Attorney(s) appearing for the Case
Carmen D. Legata, Thomas M. Lemberg, Washington, D.C., John K. Keane, Jr., Thomas C. Gorak, Baltimore, Md., and Kenneth Neises, Washington, D.C., were on the response of petitioners Maryland People's Counsel and Laclede Gas Co.
Ernest C. Baynard, III, Jerome M. Feit and Joanne Leveque, Washington, D.C., were on the response of respondent F.E.R.C.
John W. Hardwicke, Baltimore, Md., was on the response of intervenor Maryland Industrial Group.
Edmunds Travis, Jr., Houston, Tex., and Douglas W. Rasch, were on the response of intervenor Exxon Corp.
Bolivar C. Andrews, Houston, Tex., and Carl W. Ulrich, Washington, D.C., were on the response of intervenor Texas Eastern Transmission Corp.
Constance D. Coleman, Houston, Tex., was on the response of intervenor Champlin Petroleum Co.
Lewis Carroll, Birmingham, Ala., was on the response of intervenor Washington Gas Light Co.
Richard M. Merriman and Matthew W.S. Estes, Washington, D.C., were on the response of intervenor General Service Customer Group.
William R. Hoatson, Newark, N.J., Charles A. Moore, Houston, Tex., Steven H. Neinast, Washington, D.C., Glen E. Taylor and Phyllis Rainey, Houston, Tex., were on the response of intervenors Tenneco Oil Co., et al.
George A. Avery and Daniel L. Koffsky, Washington, D.C., were on the response of intervenor Consumers Power Co. and Michigan Gas Storage Co.
Michael R. Waller and Kathleen T. Puckett, Houston, Tex., were on the response of intervenor Tennessee Gas Pipeline Co.
Stephen J. Small, Charleston, W.Va., was on the response of intervenors Columbia Gulf Transmission Co. and Columbia Gas Transmission Corp.
Nancy J. Skancke, Washington, D.C., was on the response of intervenor Mesa Petroleum Co.
Frank P. Saponaro, Jr. and Jennifer K. Walter, Washington, D.C., were on the response of intervenor UGI Corp.
Lynn R. Coleman, Washington, D.C., was on the response of intervenor Cities Service Oil and Gas Corp.
Roger C. Post, Columbus, Ohio, was on the response of intervenor Columbia Gas Distribution Companies.
Thomas F. Ryan, Jr., Washington, D.C., was on the response of intervenor Transcontinental Gas Pipe Line Corp.
Charles A. Herndon, Jr. and Hodges B. Childs, Baltimore, Md., were on the response of intervenor Baltimore Gas and Elec. Co.
James P. Melia and John F. Povilaitis, Harrisburg, Pa., were on the response of intervenor Pennsylvania Public Utility Com'n.
Edward J. Grenier, Jr., William H. Penniman and James P. Rathvon, Washington, D.C., were on the response of intervenor Process Gas Consumers Group.
Before MIKVA, GINSBURG and SCALIA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Ruling on Responses to Show Cause Order
Opinion Per Curiam.
PER CURIAM:
In Maryland People's Counsel v. FERC,761 F.2d 768 (D.C.Cir.1985) (MPC I), we found that authorization by the Federal Energy Regulatory Commission (Commission) of a "special marketing program" (SMP) — under which a pipeline and its producers agreed to "amend the high-priced gas purchase contracts entered into between them...
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