United States DC Circuit
Flint Hills Resources Alaska, LLC v. FERC, 08-1270
In a petition for review of the Federal Energy Regulatory Commission's orders finding certain oil pipeline rates filed for 2005 and 2006 to be unjust and unreasonable, but not discriminatory or unduly preferential, the petition is denied where: 1) by the time of the ratemaking settlement agreement at issue, any reasonable investor would have abandoned any hopes in the valuation methodology; 2) the Commission's alleged miscalculation had no impact on the rates and refunds at issue here; and 3) it was unclear how a non-shipper complainant, with interests such as those of the state of Alaska, could show competitive injury.
Appellate Information
- Decided 12/03/2010
- Published 12/03/2010
Judges
- Stephen F. Williams
Court
- United States DC Circuit
Counsel
- For Appellant:
- Steven Reed, Judith A. Albert