United States DC Circuit

Under section 4(e) of the Natural Gas Act, 15 USC 717c, the FERC can order refunds only for amounts exceeding "the pre-existing lawful rate".

Appellate Information

• Argued 11/02/2001
• Decided 11/30/2001
• Published 11/30/2001

Judges

• Before:   EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jon L. Brunenkant argued the cause for petitioners.   With him on the brief was Cheryl J. Walker.  Frederick T. Kolb entered an appearance., Daniel F. Collins, G. Mark Cook and J. Gordon Pennington were on the brief for intervenor.  Howard L. Nelson entered an appearance.


• For Appellees:
  
• Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief was Dennis Lane, Solicitor.