Associated Gas Distributors v. Federal Energy Regulatory Commission, and Consolidated Cases ( 1990 )

ON PETITIONERS’ SUGGESTION FOR REHEARING EN BANC

Before WALD, Chief Judge; MIKVA, EDWARDS, RUTH BADER GINSBURG, SILBERMAN, BUCKLEY, WILLIAMS, D.H. GINSBURG, SENTELLE and THOMAS, Circuit Judges.

ORDER

PER CURIAM.

The Suggestions for Rehearing En Banc of the various parties have been circulated to the full court. The taking of a vote was requested only on the issue of whether the equitable sharing mechanism mandated by respondent in Order No. 500 violates the filed rate doctrine. Thereafter, a majority of the judges of the court in regular, active service did not vote in favor of rehearing en banc. Upon consideration of the foregoing it is

ORDERED by the Court en banc that all of the suggestions are denied.

Circuit Judges D.H. GINSBURG and CLARENCE THOMAS did not participate in this order.

A statement of Circuit Judge STEPHEN F. WILLIAMS concurring in the denial of rehearing en banc is attached.

A statement of Chief Judge WALD dissenting from the denial of rehearing en banc, joined by Circuit Judges MIKYA and HARRY T. EDWARDS, is also attached.