TEXACO INC. v. F.E.R.C.

No. 93-1515, Consolidated with Nos. 93-1593, 93-1604, 93-1789, 93-1808.

148 F.3d 1091 (1998)

TEXACO INC. and Texaco Gas Marketing Inc., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Mojave Pipeline Co., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 1998.


Attorney(s) appearing for the Case

Kim M. Clark (for Burlington Resources Oil & Gas Co.), with whom Katherine B. Edwards and Nancy J. Skancke (for Mobil Exploration & Producing U.S., Inc., Texaco Inc., and Texaco Gas Marketing Inc.), John P. Beall (for Texaco Inc. and Texaco Gas Marketing Inc.), and Donald Ayer and Norman A. Pedersen (for Southern California Utility Power Pool and Imperial Irrigation District), were on the joint briefs, argued the cause for petitioners. James K. Morse and Jason F. Leif entered appearances for petitioners.

Susan J. Court, Special Counsel, Federal Energy Regulatory Commission ("FERC"), with whom Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor, FERC, were on the brief, argued the cause for respondent.

Richard C. Green and Kenneth M. Minesinger were on the brief for intervenor Mojave Pipeline Company.

Before EDWARDS, Chief Judge, TATEL, Circuit Judge, and BUCKLEY, Senior Circuit Judge.


BUCKLEY, Senior Judge:

Texaco Inc. and various other natural gas shippers that have firm transportation contracts with Mojave Pipeline Company (collectively "Texaco"), petition the court to vacate Federal Energy Regulatory Commission ("FERC" or "Commission") orders mandating that Mojave set its rates according to the straight fixed-variable method. Because FERC's findings that such pricing by Mojave would be in the public interest are supported by substantial evidence...

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