925 F2d 487 Alabama-Tennessee Natural Gas Company v. Federal Energy Regulatory Commission

925 F.2d 487

288 U.S.App.D.C. 256

ALABAMA-TENNESSEE NATURAL GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Decatur Utilities Gas Department, City of Decatur, Alabama,
et al., Intervenors.
BALTIMORE GAS & ELECTRIC COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Louisiana Gas Service Company, et al., Intervenors.
BOSTON GAS COMPANY, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
CNG Transmission Corporation, et al., Intervenors.
CHATTANOOGA GAS COMPANY and Roanoke Gas Company, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
East Tennessee Natural Gas Company, Intervenor.
CNG TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Boston Gas Company, et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Public Service Commission of the State of New York, et al.,
Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Associated Natural Gas Company, et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Associated Natural Gas Company, a Division of Arkansas
Western Gas Company, et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Associated Natural Gas Company, et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Consolidated Edison Company of New York, Inc., et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Process Gas Consumers Group, et al., Intervenors.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
COLUMBIA GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. and Public
Service Electric & Gas Co., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Central Hudson Gas & Electric Corporation, et al., Intervenors.
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Equitable Gas Company, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent,
The Municipal Defense Group, et al., Intervenors.
EQUITABLE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Associated Natural Gas Company, Division of Arkansas Western
Gas Company, et al., Intervenors.
ILLINOIS POWER COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Laclede Gas Company, et al., Intervenors.
ILLINOIS POWER COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Laclede Gas Company, et al., Intervenors.
INDIANA GAS COMPANY, INC., and Ohio River Pipeline
Corporation, Petitioners,
v.
FEDERAL ENERGY REGULATION COMMISSION, Respondent,
Public Service Commission of the State of New York, et al.,
Intervenors.
INDIANA GAS COMPANY, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Columbia Gas Transmission Corporation, et al., Intervenors.
KANSAS POWER AND LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
The KANSAS POWER AND LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Union Gas System, Inc., et al., Intervenors.
The KANSAS POWER AND LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
The KANSAS POWER AND LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Arkla Energy Resources, et al., Intervenors.
The KANSAS POWER AND LIGHT COMPANY, and The Missouri Public
Service Division of UtiliCorp United, Inc., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
The KANSAS POWER AND LIGHT COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
LACLEDE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Illinois Power Company, et al., Intervenors.
LACLEDE GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mississippi River Transmission Corp., et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Columbia Gas Transmission Corporation, et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Columbia Gas Transmission Corporation, et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Columbia Gas Transmission Corp., et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana Gas Company, Inc., et al., Intervenors.
MICHIGAN GAS UTILITIES, A DIVISION OF UTILICORP UNITED,
INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Indiana Gas Company, et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Office of the Comsumers' Counsel State of Ohio, et al., Intervenors.
MICHIGAN CONSOLIDATED GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mississippi River Transmission Corp., et al., Intervenors.
MISSISSIPPI RIVER TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Illinois Power Company, et al., Intervenors.
MISSISSIPPI RIVER TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Northern Illinois Gas Company, et al., Intervenors.
MISSISSIPPI RIVER TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Natural Gas Pipeline Company of of America, et al., Intervenors.
MISSOURI PUBLIC SERVICE DIVISION OF UTILICORP UNITED, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Williams Natural Gas Company, et al., Intervenors.
MISSOURI PUBLIC SERVICE DIVISION OF UTILICORP UNITED, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
NATURAL GAS PIPELINE COMPANY OF AMERICA, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Interstate Power Company, et al., Intervenors.
NORTHERN ILLINOIS GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Mississippi River Transmission Corporation, et al., Intervenors.
NORTH PENN GAS COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
East Ohio Gas Company, et al., Intervenors.
The PEOPLES GAS LIGHT AND COKE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Midwestern Gas Transmission Company, et al., Intervenors.
The PEOPLES GAS LIGHT AND COKE COMPANY and North Shore Gas
Company, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
PROCESS GAS CONSUMERS GROUP and American Iron and Steel
Institute, Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
TENNESSEE GAS PIPELINE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Tennessee Small General Service Customer Group, et al., Intervenors.
TEXAS GAS TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
United Municipal Distributors Group, et al., Intervenors.
TRANSWESTERN PIPELINE COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Public Utilities Commission of the State of California, et
al., Intervenors.

Nos. 88-1864, 88-1161, 90-1452, 90-1185, 88-1818, 89-1574,
89-1578, 89-1579, 89-1658, 89-1741, 89-1075, 88-1750,
89-1567, 89-1568, 89-1569, 89-1432, 89-1646, 89-1738,
90-1422, 90-1445, 89-1711, 89-1028, 90-1315, 90-1435,
88-1485, 90-1300, 88-1848, 88-1410, 89-1418, 88-1704,
90-1032, 89-1155, 89-1437, 89-1441, 89-1675, 89-1680,
89-1766, 88-1671, 89-1505, 88-1904, 88-1906, 89-1464,
89-1465, 89-1510, 90-1219, 90-1279, 89-1255, 89-1415,
89-1525, 89-1463, 89-1780, 90-1273, 88-1488, 88-1589,
88-1743, 89-1369, 89-1414, 88-1680, 89-1037 and 89-1630.

United States Court of Appeals, District of Columbia Circuit.

Jan. 7, 1991.

Unpublished Disposition
NOTICE: D.C. Circuit Local Rule 11(c) states that unpublished orders, judgments, and explanatory memoranda may not be cited as precedents, but counsel may refer to unpublished dispositions when the binding or preclusive effect of the disposition, rather than its quality as precedent, is relevant.

Before WALD, Chief Judge, and MIKVA and CLARENCE THOMAS, Circuit Judges.

ORDER

PER CURIAM.

1

Upon consideration of the motions to summarily reverse and vacate agency orders, the motions to summarily reverse and vacate agency orders and remand records with instructions, the responses thereto and the replies; respondent's motions for remand, the responses thereto and the replies; the motions to govern further proceedings, the responses thereto and the replies; the motions for limited remand, the responses thereto and the replies; the motions to vacate and remand, the responses thereto and the replies; the motions to summarily grant petitions for review, the responses thereto and the replies; the motions for expedition, the responses thereto and the replies; the motions to lodge pleadings with the court, the responses thereto and the replies; the motions for leave to intervene out of time and the responses thereto; the motions for leave to file motions out of time, the reponses thereto and the replies; and the motions for leave to file lodged pleadings, it is

2

ORDERED that respondent's motion for remand be granted. The above-captioned cases are remanded to the Commission to conduct further proceedings consistent with this court's mandate in Associated Gas Distributors v. FERC, 893 F.2d 349 (D.C.Cir.1989), cert. denied, 59 U.S.L.W. 3271 (U.S. Oct. 9, 1990). It is

3

FURTHER ORDERED that all motions to summarily reverse and vacate agency orders be denied. It is

4

FURTHER ORDERED that all motions for limited remand be denied. It is

5

FURTHER ORDERED that all unopposed motions for leave to file lodged pleadings be granted. The Clerk is directed to file all lodged pleadings. It is

6

FURTHER ORDERED that all remaining motions be dismissed as moot.

7

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir.Rule 15.