American Gas Ass'n v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
STEPHEN F. WILLIAMS, Circuit Judge:
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I. Introduction
In the Spring of 1985, as Mikhail Gorbachev was assuming the duties of General Secretary and inaugurating perestroika, the Federal Energy Regulatory Commission launched its own restructuring of the natural gas industry. See Notice of Proposed Rulemaking, Regulation of Natural Gas Pipelines After Partial Wellhead Decontrol, 50 Fed.Reg. 24,130 (June 7, 1985) (issued May 30, 1985). The cornerstone was “open access” — a process by which a pipeline would be able to avoid many of the regulatory hurdles otherwise impeding…
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