United States DC Circuit

In challenge by two natural gas pipeline companies to respondent's ratemaking orders, respondent's selection of the "proxy groups" used to calculate petitioners' gas transmission rates, along with its placement of petitioners within those proxy groups was error where respondent failed to explain how its proxy group arrangements were based on the principle of relative risk.

Appellate Information

• Argued 04/04/2007
• Decided 08/07/2007
• Published 08/07/2007

Judges

• Before:  SENTELLE, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard L. Nelson argued the cause for petitioners.   With him on the briefs was Kenneth M. Minesinger., Joan Dreskin and Timm Abendroth were on the briefs for intervenor Interstate Natural Gas Association of America.


• For Appellees:
  
• Lona T. Perry, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor. Beth G. Pacella, Attorney, entered an appearance.