United States DC Circuit

The Commission must provide a reasoned basis for its refusal to waive the "right of first refusal" requirement here; the requirement undercuts petitioner's Commission-sanctioned efforts to make a firm commitment to the sale of future capacity in its natural gas pipeline.

Appellate Information

• Argued 03/15/2004
• Decided 04/13/2004
• Published 04/13/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stefan M. Krantz argued the cause for petitioner.   With him on the briefs were Lee A. Alexander, C. Todd Piczak, and Carl M. Fink.


• 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.