PHILADELPHIA GAS WORKS and Long Island Lighting Company, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Texas Eastern Transmission Corporation, UGI Corporation, Public Service Electric & Gas Company, Municipal Defense Group, Bay State Gas Company, et al., Equitrans, Inc., The Brooklyn Union Gas Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 8, 1993.
Decided April 16, 1993.
Attorney(s) appearing for the Case
Robert A. MacDonnell, with whom Allen Weinberg, Laureto A. Farinas, O. Julia Weller, and Benga L. Farina were on the brief, for petitioners.
Timm L. Abendroth, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., were on the brief, for respondent.
Henry S. May, Jr., with whom F. Nan Wagoner, Judy M. Johnson, D. Virginia Smith, and Charles F. Caldwell were on the brief, for intervenor Texas Eastern Transmission Corp.
Mary E. Baluss and J.R. Clark entered appearances, for intervenor UGI Corp.
Kenneth D. Brown entered an appearance, for intervenor Public Service Elec. & Gas Co.
Mark C. Darrell and Stanley W. Balis entered appearances, for intervenor Mun. Defense Group.
Cheryl L. Jones and Gearold L. Knowles entered appearances, for intervenor Bay State Gas Co., et al.
Frank H. Markle entered an appearance, for intervenor Equitrans, Inc.
Roderick D. Strickland entered an appearance, for intervenor The Brooklyn Union Gas Co.
Before: MIKVA, Chief Judge, SILBERMAN and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
Dissenting opinion filed by Circuit Judge RANDOLPH.
SILBERMAN, Circuit Judge:
Petitioners, a pipeline's customers, challenge FERC's approval of the pipeline's charge via the purchased gas adjustment (PGA) mechanism for overrun penalties that the pipeline paid to its suppliers. We remand to the Commission for a fuller explanation of its decision and particularly...
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