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07/13/78 State of North Carolina v. Federal Energy Regulatory

July 13, 1978

COMMISSION, PETITIONERS

v.

FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT BROOKLYN UNION GAS COMPANY PHILADELPHIA GAS WORKS GAS SECTION, GEORGIA MUNICIPAL ASS'N WASHINGTON GAS LIGHT COMPANY



Before ROBINSON, ROBB and WILKEY, Circuit Judges.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT

STATE OF NORTH CAROLINA AND NORTH CAROLINA UTILITIES

TRANSCONTINENTAL GAS PIPE LINE CORP. PIEDMONT NATURAL GAS

COMPANY, INC. NORTH CAROLINA NATURAL GAS CORP.

COMMISSIONERS OF PUBLIC WORKS OF GREENWOOD, SOUTH CAROLINA

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. CAROLINA

PIPELINE COMPANY PUBLIC SERVICE ELECTRIC AND GAS COMPANY

DELMARVA POWER AND LIGHT COMPANY PENNSYLVANIA GAS AND WATER

COMPANY AND NORTH PENN GAS COMPANY PUBLIC SERVICE

COMMISSION OF THE STATE OF NEW YORK PHILADELPHIA ELECTRIC

COMPANY AMERICAN TEXTILE MANUFACTURERS INSTITUTE, INC. LONG ISLAND LIGHTING COMPANY OWENS-ILLINOIS, INC. FARMERS

CHEMICAL ASSOCIATION, INC. GENERAL MOTORS CORPORATION SOUTH

CAROLINA PUBLIC SERVICE COMMISSION COLUMBIA GAS

TRANSMISSION CORP. OWENS-CORNING FIBERGLASS CORP. EASTERN

SHORE NATURAL GAS COMPANY CNG TRANSMISSION COMPANY UNITED

CITIES GAS COMPANY, INTERVENORS PIEDMONT NATURAL GAS

COMPANY, INC., PETITIONER v. FEDERAL ENERGY REGULATORY

COMMISSION, RESPONDENT CAROLINA PIPELINE COMPANY, ET AL., INTERVENORS ELIZABETHTOWN GAS COMPANY, PETITIONER v.

FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT DELMARVA

POWER & LIGHT COMPANY, ET AL., INTERVENORS PUBLIC SERVICE

COMPANY OF NORTH CAROLINA, INC., PETITIONER v. FEDERAL

ENERGY REGULATORY COMMISSION, RESPONDENT CAROLINA PIPELINE

CO., ET AL., INTERVENORS ATLANTA GAS LIGHT COMPANY, PETITIONER v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT PIEDMONT NATURAL GAS CO., INC., ET AL., INTERVENORS CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., PETITIONER v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT TRANSCONTINENTAL GAS PIPE LINE CORP., ET AL., INTERVENORS SOUTH JERSEY GAS COMPANY, PETITIONER v. FEDERAL

ENERGY REGULATORY COMMISSION, RESPONDENT PENNSYLVANIA GAS

AND WATER COMPANY AND NORTH PENN GAS COMPANY, ET AL., INTERVENORS

Nos. 76-2102, 76-2130, 76-2140, 76-2145, 77-1007, 77-1019, 77-1083 1978.CDC.112

Date Decided: July 13, 1978; As Amended August 29, 1978.

Rehearing Denied September 11, 1978.

Petitions for Review of Orders of the Federal Energy Regulatory commission.

APPELLATE PANEL:

Opinion for the Court filed by WILKEY, Circuit Judge.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WILKEY

These consolidated cases are before this Court on petitions for review of Federal Energy Regulatory Commission ("Commission") orders prescribing a permanent natural gas curtailment plan for the Transcontinental Gas Pipe Line Corporation ("Transco"), an interstate natural gas pipeline. *fn1 Various aspects of the curtailment plan are challenged by a number of Transco's customers, *fn2 and by the State of North Carolina and the North Carolina Public Utilities Commission. Other customers have intervened in support of the plan. For ...


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