K N Energy, Inc., Petitioner, v. Federal Energy Regulatory Commission, Respondent,western Gas Resources, Inc.; Williston Basin Interstatepipeline Company, Intervenors, 18 F.3d 953 (D.C. Cir. 1994)

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U.S. Court of Appeals for the District of Columbia Circuit - 18 F.3d 953 (D.C. Cir. 1994)

March 3, 1994

Before: MIKVA, Chief Judge, WILLIAMS and SENTELLE, Circuit Judges.



This cause came on to be heard from an order of the Federal Energy Regulatory Commission and was briefed and argued by counsel. The issues have been accorded full consideration by the Court and occasion no need for a published opinion. See D.C. Cir. Rule 36(b). On consideration of the foregoing, it is

ORDERED and ADJUDGED by the court that the order of the Federal Energy Regulatory Commission is affirmed. The Commission's construction of the X-3 agreement is reasonable, and therefore, under National Fuel Gas Supply Corp. v. FERC, 811 F.2d 1563 (D.C. Cir. 1987), entitled to affirmance.

The Clerk is directed to withhold issuance of the mandate herein until seven days after the disposition of any timely petition for rehearing. See D.C. Cir. Rule 41(a).