Kentucky West Virginia Gas Company v. Federal Energy Regulatory Commission

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Kentucky West Virginia Gas Company petitions for review of orders issued by the Federal Energy Regulatory Commission (FERC). These orders prohibited it from pricing part of its company-owned production in accordance with the rate structure set forth in the Natural Gas Policy Act of 1978 (NGPA), 15 U.S.C. §§ 3301-3432. Applying the principles declared in Mid Louisiana Gas Co. v. F.E.R.C., 780 F.2d 1238 (5th Cir.1986), we hold that Kentucky West is not contractually barred from recovering NGPA prices. The orders of the commission are thus reversed.

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