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United States DC Circuit


DUKE ENERGY TRADING & MKTG., L.L.C. v. FED. ENERGY REGULATORY COMM'N, 01-1163

FERC acted reasonably in accepting a tariff filing allowing a gas pipeline operator to eliminate its queue system for allocating interruptible transmission capacity among maximum rate bidders, and to replace it with pro rata allocation.

Appellate Information

  • Argued 10/11/2002
  • Decided 01/21/2003
  • Published 01/21/2003

Judges

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

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Gordon J. Smith argued the cause and filed the briefs for petitioner., Lee A. Alexander, Stefan M. Krantz, and Debra H. Rednik were on the brief for intervenor.  Carl M. Fink entered an appearance.

  • For Appellees:
  • Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.
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