United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's order accepting a proposed adjustment in a method for valuing various types of oil, the petition is granted where, in a proceeding covered by section 4412(b)(2) of the Motor Carrier Safety Reauthorization Act, the Commission identified its initial order, allowing a carrier-filed adjustment to take effect and setting the matter for hearing, as section 4412(b)(2)'s "first order," and this interpretation was inconsistent with the statute’s language and purpose.

Appellate Information

• Decided 01/18/2011
• Published 01/18/2011

Judges

• Stephen F. Williams

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James M. Armstrong, Kathrine L. Henry