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United States DC Circuit


ASSOC. OF OIL PIPE LINES v. FED. ENERGY REGULATORY COMM'N, 01-1066

Where the FERC's formula for changes in the ensuing years' price caps for interstate oil pipelines deviated from its previous methodology, without any explanation responsive to petitioner's objections, and did not articulate reasons for changing its averaging methodology, FERC's inadequate explanations require remand to address petitioner's objections.

Appellate Information

  • Argued 01/15/2002
  • Decided 03/01/2002
  • Published 03/01/2002

Judges

  • Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • C. Frederick Beckner III argued the cause for petitioner.   With him on the briefs were Lawrence A. Miller and Michele F. Joy., James H. Holt and Melvin Goldstein were on the brief for intervenors.

  • For Appellees:
  • Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondents.   With him on the brief was Cynthia A. Marlette, Acting General Counsel.  John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.
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