United States DC Circuit

In a case brought by a customer under the Natural Gas Act arising out of a mechanical failure that interrupted the provision of liquefied natural gas from a plant to customers, a petition for review of an agency decision by the plant is denied where an agency reasonably rejected its force majeure defense, and a petition for review brought by a customer is granted where the agency failed to explain its decision to defer to a state court as to remedies.

Appellate Information

• Argued 04/20/2006
• Decided 05/12/2006
• Published 05/12/2006

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Catherine E. Stetson argued the cause for petitioner Virginia Natural Gas, Inc. With her on the briefs were Lee A. Alexander, Stefan M. Krantz, James Howard, and C. Todd Piczak., Barbara K. Heffernan argued the cause for petitioner Columbia Gas Transmission Corporation.   With her on the briefs were Debra Ann Palmer, William S. Lavarco, Stephen R. Melton, and Kurt L. Krieger.


• For Appellees:
  
• Patrick Y. Lee, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor., Lee A. Alexander, Catherine E. Stetson, Stefan M. Krnatz, James Howard, C. Todd Piczak were on the brief for intervenor Virginia Natural Gas, Inc. in support of respondent., Barbara K. Heffernan, Debra A. Palmer, William S. Lavarco, Stephen R. Melton, Kurt L. Krieger were on the brief for intervenor Columbia Gas Transmission Corporation in support of respondent.