747, Southern Natural Gas Co., Docket Nos. The Commission approved an interim, modified version of the plan in its Opinion No. In 1973, Southern Natural Gas Company ("Southern") submitted to the Commission 1 a curtailment plan for its interstate pipeline system. The principal issue on appeal is whether the portion of the plan limiting the preferential claim of statutorily prescribed priority users to the volume of gas which they had contracted for an absolute right to receive ("contract demand" gas) is consistent with Title IV of the Natural Gas Policy Act of 1978 ("NGPA"), 15 U.S.C. § 3416(a)(4) for review of a Federal Energy Regulatory Commission order approving the curtailment plan of Southern Natural Gas Company - that is, its plan for distributing gas among its customers in times when it is unable to acquire sufficient supplies to cover all their orders. Opinion for the Court filed by Circuit Judge SCALIA.Ītlanta Gas Light Company petitions under 15 U.S.C. Group.īefore BORK and SCALIA, Circuit Judges, and WILLIAMS, Senior Judge of the United States District Court for the Central District of California. Oliver, Washington, D.C., entered appearances for intervenor Ga. Michael Marcoux, Washington, D.C., entered appearances for intervenor Miss. Letham, Washington, D.C., entered an appearance for intervenor Chattanooga Gas Co. Harvey, Augusta, Ga., entered an appearance for intervenors Nipro, Inc., et al. Diehl, Washington, D.C., were on brief, for intervenors Carolina Pipeline Co. Klein, Washington, D.C., were on brief, for intervenor Ala. Robertson, Jr., Birmingham, Ala., were on brief, for intervenor Southern Nat. Flood, Jr., Washington, D.C., with whom William A. Rokach, Washington, D.C., also entered an appearance for respondent. Feit, Sol., F.E.R.C., Washington, D.C., was on brief, for respondent. Cockrell, F.E.R.C., Washington, D.C., with whom Jerome M. Stough, Jr., Washington, D.C., were on brief, for petitioner.
Holtzinger, Jr., Washington, D.C., with whom Paul H.
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