United States DC Circuit

Agency must reconsider its adoption of the distillation methodology and pricing of two "cuts" of petroleum, or provide a suitable explanation for why it should not, when oil companies present new evidence suggesting pricing change for interstate oil pipeline rates.

Appellate Information

• Argued 10/16/2000
• Decided 12/19/2000
• Published 12/19/2000

Judges

• Before:  WILLIAMS, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Virginia A. Seitz and Robert H. Benna argued the causes for petitioners Exxon Company, U.S.A. and Tesoro Alaska Petroleum Company.   With them on the briefs were Eugene R. Elrod, Steven S. Hill and Jeffrey G. DiSciullo., John A. Donovan argued the cause for intervenors BP Exploration (Alaska), Inc. et al.   With him on the brief were Matthew W.S. Estes, Bradford G. Keithley, Charles William Burton, Jason F. Leif, Richard Curtin, Randolph L. Jones, Jr.  John W. Griggs and W. Stephen Smith.  Dean H. Lefler entered an appearance., Albert S. Tabor, Jr., John E. Kennedy and S. Scott Gaille were on the brief for intervenors TAPS Carriers.  Alex A. Goldberg entered an appearance.


• For Appellees:
  
• Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondents.   With him on the brief were John H. Conway, Acting Solicitor at the time the brief was filed, Timm L. Abendroth, Attorney, Joel I. Klein, Assistant Attorney General, John J. Powers, III and Robert J. Wiggers, Attorneys.  Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, Federal Energy Regulatory Commission, entered appearances.