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NORTHERN NATURAL GAS CO. v. F.E.R.C.

No. 02-1107.

335 F.3d 1089 (2003)

NORTHERN NATURAL GAS COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northern Municipal Distributors Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 25, 2003.

Attorney(s) appearing for the Case

Frank X. Kelly argued the cause for petitioner. With him on the briefs were Steve Stojic, J. Gregory Porter, Dorothy R. Dornan, and Maria K. Pavlou.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Northern Natural Gas Company petitions for review of two orders in which the Federal Energy Regulatory Commission rejected a proposed revision of Northern's tariff. The revision would have allowed the pipeline company to enter into agreements for transportation of natural gas at a rate somewhere between the maximum and minimum levels prescribed in the tariff, as determined by an index...

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