United States DC Circuit

Shippers unsuccessfully petition for review of the predetermined formula whereby the annual change in the producer price index caps the rates that oil pipelines can charge. None of the Commission's methodological choices was shown to be both erroneous and harmful.

Appellate Information

• Argued 02/19/2004
• Decided 04/12/2004
• Published 04/09/2004

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Melvin Goldstein argued the cause and filed the briefs for petitioners., C. Frederick Beckner, III argued the cause for intervenor.   With him on the brief was Michele F. Joy.   Lawrence A. Miller entered an appearance.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondents.   With her on the brief were R. Hewitt Pate, Assistant General Counsel, John J. Powers, III and Robert J. Wiggers, Attorneys, Cynthia A. Marlette, General Counsel, Federal Energy Regulatory Commission, and Dennis Lane, Solicitor.  Laura J. Vallance, Attorney.