TENNESSEE GAS TRANSMISSION COMPANY, PETITIONER,

v.

FEDERAL POWER COMMISSION, RESPONDENT; MANUFACTURERS LIGHT AND HEAT COMPANY, THE OHIO FUEL GAS COMPANY, UNITED FUEL GAS COMPANY, PETITIONERS, V. FEDERAL POWER COMMISSION, RESPONDENT

PER CURIAM.

All of the Judges are of the opinion that the petitioners have not made a strong showing of any likelihood that this Court will invalidate the Commission’s determination that 7% is higher than a fair rate of return for Tennessee Gas Transmission Company. Judges Rives and Tuttle are of the further opinion that the petitioners have not made a sufficient showing of any likelihood that any party will suffer irreparable loss because Tennessee Gas Company’s method of allocating costs among different zones may ultimately be successfully challenged.

The Motions for Stay Pending Review of the Rate Orders of the Federal Power Commission, are, therefore, Denied.

PER CURIAM.

All of the judges had intended to indicate in the first sentence of the original per curiam opinion, and do now indicate, that no strong showing has been made that this Court will invalidate either the Commission’s determination that 7% is higher than a fair rate of return for Tennessee Gas Transmission Company, or its determination that 6%% is such a fair rate of return.

The petition for a rehearing of the order denying the motions for stay pending review of the rate orders of the Federal Power Commission is

Denied.

WISDOM, Circuit Judge, dissents.