United States DC Circuit

In disputes involving operator of pipelines transporting petroleum products through several states, petitioners' challenge to orders are denied as respondent's income tax allowance policy was not arbitrary or capricious or contrary to law, and its interpretation of the Energy Policy Act was reasonable. However, intervenor shipper's petition for review is granted as to reparations where respondent acted contrary to law when it held that the Arizona Grocery doctrine precluded it from awarding reparations to certain shippers for rates paid after August 1, 2000.

Appellate Information

• Argued 12/12/2006
• Decided 05/29/2007
• Published 05/29/2007

Judges

• Before:  SENTELLE, GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Thomas J. Eastment and R. Gordon Gooch argued the cause for Shipper Petitioners.   With them on the briefs were Joshua B. Frank, Elisabeth R. Myers, George L. Weber, Walter Lowry Barfield, III, Steven A. Adducci, Richard E. Powers, Jr., Marcus W. Sisk, Jr., and Frederick G. Jauss IV., Charles F. Caldwell and Christopher J. Barr argued the cause for petitioners SFPP, L.P. and the Association of Oil Pipe Lines.   With them on the briefs were Albert S. Tabor, Jr., Catherine O'Harra, Sabina K. Dugal, Steven H. Brose, Timothy M. Walsh, Daniel J. Poynor, and Michele F. Joy. Erin M. Murphy, Neil Patten, Judith M. Andrade, Kevin B. Bedell, Glenn S. Benson, and Michael J. Manning entered appearances.


• For Appellees:
  
• Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys, John S. Moot, General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon, Solicitor.   Robert B. Nicholson, Attorney, U.S. Department of Justice, entered an appearance., Charles F. Caldwell argued the cause for intervenors SFPP, L.P. and the Association of Oil Pipe Lines in support of respondent.   With him on the brief were Christopher J. Barr, Albert S. Tabor, Jr., Catherine O'Harra, Steven H. Brose, Timothy M. Walsh, and Daniel J. Poynor., Steven A. Adducci, R. Gordon Gooch, Elisabeth R. Myers, Marcus W. Sisk, Jr., Frederick G. Jauss IV, and George L. Weber were on the brief of Shipper Intervenors in support of respondent with respect to arguments of SFPP, L.P. and the Association of Oil Pipe Lines.