Anr Pipeline Company v. Federal Energy Regulatory Commission, Conoco Incorporated, Intervenors

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In 1979, a federal agency determined that two off-shore wells drilled by Conoco Inc. would produce natural gas from a reservoir discovered on or after July 27, 1976. As a result, Conoco became entitled to charge the incentive price authorized under the Natural Gas Policy Act of 1978 for “new natural gas.” Based on information developed after the original determinations were made, all parties agree that the gas was in fact produced from reservoirs discovered prior to the operative date. ANR Pipeline Company petitions…