Tennessee Gas Pipeline Company, a Division of Tenneco, Inc. v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
GINSBURG, Circuit Judge:
In Middle South Energy, Inc., 23 FERC (CCH) ¶ 61,277 (May 24, 1983) (hereafter, Middle South), an adjudicatory proceeding under the Federal Power Act, 16 U.S.C. §§ 791a-825r (1982) (FPA), the Federal Energy Regulatory Commission (Commission or FERC) rendered a novel decision. Rejecting a longstanding position on which a Commission interpretative rule (18 C.F.R. § 2.4 (1983)) rested, FERC held it had authority to suspend initial rates filed under the FPA. FERC’s Middle South adjudication is now pending our decision on judicial review. 1 On the day FERC released its…
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