United States DC Circuit

Petition for review denied where FERC's interpretation of the Release was reasonable, there was insufficient evidence of undue discrimination, and petitioner failed to show that FERC's construction and application of the parties' agreements was arbitrary and capricious.

Appellate Information

• Argued 10/10/2003
• Decided 11/07/2003
• Published 11/07/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael R. Postar argued the cause for petitioner.   With him on the briefs was Eli D. Eilbott., William D. DeGrandis argued the cause for intervenor.   With him on the brief was Bruce D. Ryan.


• For Appellees:
  
• David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.