Brooklyn Union Gas Co. v. Federal Energy Regulatory Commission

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked today to decide whether the Federal Energy Regulatory Commission had jurisdiction over pipeline facilities newly constructed by Transcontinental Gas Pipe Line Corporation for transporting gas from the Gulf of Mexico to the shore and questions of how the expense of constructing the new pipeline should be distributed. The case before us arose from an Application filed with the Commission in 1996 by Transco under Section 7(c) of the Natural Gas Act, 15 U.S.C. § 717(f), seeking a certificate of public convenience and necessity to extend its…