United States DC Circuit
Williston Basin Interstate Pipeline Co. v. FERC, 06-1145
A petition for review of a FERC order that modified plaintiff's contract with a natural gas distributor is granted where, although the FERC was correct to decide the case under the "just and reasonable" standard of section 5(a) of the Natural Gas Act (NGA), flaws in its reasoning rendered its orders arbitrary and capricious. The case is remanded, but the orders are not vacated as there was a significant possibility that the Commission may find adequate explanation for its actions.
Appellate Information
- Argued 01/11/2008
- Decided 03/18/2008
- Published 03/18/2008
Judges
- Before: ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Robert T. Hall, III, argued the cause for petitioner. With him on the briefs was Andrea Wolfman., Robert B. Nelson, Robert A. Jablon, and Rebecca Baldwin were on the brief for intervenors Montana Consumer Counsel and South Dakota Public Utilities Commission., Robert I. White was on the brief for intervenor Northern States Power Company (Minnesota). Nancy A. White entered an appearance.
- For Appellees:
- Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were John S. Moot, General Counsel, Robert H. Solomon, Solicitor, and Patrick Y. Lee, Attorney.