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

On application for rehearing, the Federal Energy Regulatory Commission asks us to reconsider our decision for alleged conflict with that of the D.C. Circuit in Consolidated Edison Co. v. FERC, 676 F.2d 763 (D.C.Cir.1982), or to clarify our decision.

Reconsideration is unnecessary, for there is no conflict between our holding in Ft. Pierce II, 724 F.2d 1167, and the Con Ed decision. The D.C. Circuit stated in Con Ed that “there is nothing inherently inconsistent about allocating natural gas to those who are most in need of it while requiring the beneficiaries of such a plan to compensate those…