United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's (FERC) order requiring petitioner to pay reparations to complaining shippers who used petitioner's facilities, the petition is denied where: 1) having approved the parties' settlement agreement establishing the amount of any reparations, the only question for FERC was whether reparations were due, not the amount due; and 2) FERC acknowledged an award of reparations is an equitable remedy and that it was not compelled to award reparations.

Appellate Information

• Argued 11/13/2009
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before ROGERS and GRIFFITH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles F. Caldwell argued the cause for petitioner. With him on the briefs were Catherine O'Harra and D. Ryan Nayar., Steven A. Adducci argued the cause for intervenors. With him on the brief were R. Gordon Gooch, Elisabeth R. Myers, George L. Weber, Thomas J. Eastment, Gregory S. Wagner, Christina M. Vitale, Marcus W. Sisk Jr., and Frederick G. Jauss IV. Joshua B. Frank entered an appearance.


• For Appellees:
  
• Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.