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ANADARKO PETROLEUM CORP. v. F.E.R.C.

Nos. 98-1227 — 98-1232, 98-1297 & 98-1298.

196 F.3d 1264 (1999)

ANADARKO PETROLEUM CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Amoco Production Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 29, 1999.

Attorney(s) appearing for the Case

Carla J. Stovall argued the cause for petitioners State of Kansas and Kansas Corporation Commission. On the briefs were John McNish and Richard G. Morgan.

Mark H. Haskell argued the cause for petitioners Anadarko Petroleum Corporation, et al. With him on the briefs were Gordon Gooch, Dena E. Wiggins, Kristin E. Gibbs, James W. Moeller, J. Kyle McClain, Robert W. Johnson, Michael L. Pate, Charles F. Hosmer, Kevin M. Sweeney, Mickey Jo Lawrence, John E. Dickinson, Norma J. Rosner, Matthew M. Schreck, Eugene A. Lang, and Eugene R. Elrod.

Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel.

Karol Lyn Newman argued the cause for intervenors in support of respondent. With her on the brief were James D. Albright, David W. D'Alessandro, Dennis D. Ahlers, James Howard, Linda M. Billings, Richard Green, Dana C. Contratto, Gary W. Boyle, Jay V. Allen, Francis X. Berkemeier, James F. Moriarty, Frank X. Kelly, Carl W. Ulrich, Drew J. Fossum, and James R. Talcott.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Petitioners in these consolidated cases are natural gas producers, and the State of Kansas and the Kansas Corporation Commission. Four issues are presented. The first concerns our jurisdiction. The remaining three deal with the Federal Energy Regulatory Commission's resolution of proceedings initiated in the wake of Public Service Co. of Colorado v. FERC,

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