WESTERN RESOURCES, INC. v. F.E.R.C.

Nos. 93-1642, 94-1316.

72 F.3d 147 (1995)

WESTERN RESOURCES, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Pacific Gas and Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1995.


Attorney(s) appearing for the Case

Martin J. Bregman, argued the cause and filed the briefs for petitioner.

Susan J. Court, Special Counsel, Federal Energy Regulatory Commission, with whom Jerome M. Feit, Solicitor, was on the brief, argued the cause for respondent. Joel M. Cockrell, Attorney, entered an appearance.

Steve Stojic, with whom Frank X. Kelly, Joseph R. Hartsoe, and Dianne H. Russo, for intervenor Transwestern Pipeline Company, Edward W. O'Neill and Arocles Aguilar, for intervenor Public Utilities Commission of the State of California, and Randall R. Morrow, for intervenor Southern California Gas Company, were on the brief, argued the cause for intervenors Transwestern Pipeline Company, et al. Sherrie N. Rutherford, Maria K. Pavlou and Martin J. Marz entered appearances for intervenor Transwestern Pipeline Company. David L. Huard entered an appearance for intervenor Southern California Gas Company.

Gregory Grade and John H. Cary entered appearances for intervenor Williams Natural Gas Company.

David W. Anderson and Patrick G. Golden entered appearances for intervenor Pacific Gas and Electric Company.

Before: WALD, SILBERMAN and WILLIAMS, Circuit Judges.


STEPHEN F. WILLIAMS, Circuit Judge:

In 1985 the Federal Energy Regulatory Commission embarked on a policy of "unbundling" the sale and transportation of natural gas. See Order No. 436, Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, 50 Fed.Reg. 42,408 (1985). Its goal was to give gas consumers direct access to the competitive gas prices available at the wellhead. Because of the market power of...

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