United States DC Circuit

Defendant's issuance of Standards of Conduct to regulate natural gas pipelines' interactions with their marketing affiliates, and later revision to extend the Standards to apply to other entities in the industry that are affiliated with pipelines, is vacated as the order does not reflect the reasoned decisionmaking required by the Administrative Procedure Act and is thus arbitrary and capricious.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• Before:  GINSBURG, Chief Judge, and GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard L. Nelson argued the cause for Interstate Gas Pipeline Company Petitioners.   With him on the briefs were Joan Dreskin, Timm Abendroth, Janice A. Alperin, Mark C. Schroeder, David W. Reitz, and Kenneth B. Driver.  Richard D. Avil, Jr. entered an appearance., Christopher J. Barr argued the cause for Local Distribution Company Petitioners.   With him on the briefs were Anne K. Kyzmir, Jeffrey M. Petrash, William A. Williams, and David W. Reitz.  Michael A. Reville entered an appearance., Lawrence G. Acker argued the cause for petitioner Calypso U.S. Pipeline, LLC. With him on the briefs was Brett A. Snyder.


• For Appellees:
  
• Samuel Soopper, 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.