Fort Pierce Utility Authority of the City of Fort Pierce v. Federal Energy Regulatory Commission

CHARLES CLARK, Circuit Judge:

In 1976, this court reviewed an order of the Federal Power Commission, now the Federal Energy Regulatory Commission, that granted petitions for extraordinary relief from an existing curtailment plan of Florida Gas Transmission Company (Florida Gas). Fort Pierce Utility Authority v. F.P.C., 526 F.2d 993 (5th Cir.1976) (Fort Pierce I). Because the Commission had erroneously determined that it lacked jurisdiction to require the successful petitioners to compensate those customers of Florida Gas who received less gas than they would have absent the granting of…