Tennessee Gas Pipeline Company v. Federal Energy Regulatory Commission, United Gas Pipe Line Company, Intervenors

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

This case concerns an interim rule issued by the Federal Energy Regulatory Commission requiring advance notice and disclosure by natural gas pipeline companies of the construction of new facilities or the replacement of existing ones. The Com mission promulgated the interim rule without the notice and opportunity for comment required by the Administrative Procedure Act. It claimed that the rule fell within the “good cause” exception of the Act because (1) it is an interim measure, and (2) it is needed in order to…