United States DC Circuit

In petitions for review of the Federal Energy Regulatory Commission's (FERC) orders establishing new gas quality and interchangeability standards for Florida Gas's interstate natural gas pipeline system, one such petition is granted where: 1) the Commission had no authority under section 5 of the Natural Gas Act to impose the new standards on gas flowing from the Western Division into the Market Area; and 2) the Commission failed to identify any mechanism through which Florida Gas (or any other pipeline) could maintain a compliant commingled stream without controlling the quality of upstream deliveries. However, another petition is denied where, even assuming FERC had jurisdiction to establish a cost-recovery mechanism, it provided an adequate alternate rationale for refusing to establish any cost-recovery mechanism.

Appellate Information

• Argued 11/19/2009
• Decided 05/14/2010
• Published 05/14/2010

Judges

• Before SENTELLE, Chief Judge, BROWN, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Steve Stojic argued the cause for petitioner Florida Gas Transmission Company, LLC. With him on the briefs was Frank X, Kelly., Sarah E. Tomalty argued the cause and filed the briefs for petitioner Florida Power & Light Company. Barbara S. Jost entered an appearance.


• For Appellees:
  
• Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Robert H. Solomon, Solicitor, and Judith A. Albert, Senior Attorney., Katherine B. Edwards, John Paul Floom, R. David Hendrickson, Steve Stojic, and Frank X. Kelly were on the brief for intervenors Florida Gas Transmission Company, LLC, et al. in support of respondent.