United States DC Circuit

The filed rate doctrine does not require a pipeline to specifically reserve the right to impose surcharges when ordered to file a new, lower tariff where the initial rate filing, combined with ongoing litigation and absence of a final order, provide notice to shippers that they might have to pay rates up to the level originally filed.

Appellate Information

• Argued 05/09/2001
• Decided 07/13/2001
• Published 07/13/2001

Judges

• STEPHEN F. WILLIAMS, Circuit Judge:, Before:  WILLIAMS, GINSBURG and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James H. Holt argued the cause for petitioner Canadian Association of Petroleum Producers and supporting intervenors Northwest Natural Gas Company, et al. in No. 96-1336.   With him on the briefs were Jill M. Barker, Robert A. Nelson, Jr. and Paula E. Pyron. Sandra E. Rizzo and Edward A. Finklea entered appearances., Robert A. Nelson, Jr. argued the cause and filed the briefs for petitioner Northwest Natural Gas Company in No.97-1343., Alex A. Goldberg argued the cause for intervenor Northwest Pipeline Corporation in Nos. 96-1336 and 97-1343.   With him on the brief was Steven W. Snarr., Robert A. Nelson Jr. argued the cause for petitioners in No. 99-1488 et al.   With him on the briefs were Edward A. Finklea and James H. Holt., Alex A. Goldberg argued the cause for intervenor Northwest Pipeline Corporation in No. 99-1488 et al.   With him on the brief were Steven W. Snarr and Timothy Muller.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent in Nos. 96-1336 and 97-1343.   With her on the brief were Jay L. Witkin, Solicitor at the time the brief was filed, and Susan J. Court, Special Counsel. Janet K. Jones, Attorney, entered an appearance., Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent in No. 99-1488 et al.   With her on the brief was Dennis Lane, Solicitor. Susan J. Court, Special Counsel, entered an appearance.