TARPON TRANSMISSION CO. v. F.E.R.C.

No. 88-1052.

860 F.2d 439 (1988)

TARPON TRANSMISSION COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Trunkline Gas Co., Sun Exploration and Production Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1988.


Attorney(s) appearing for the Case

Rex E. Lee, Washington, D.C., with whom, Michael J. McDanold, Phillip D. Endom, Houston, Tex., Eugene R. Elrod and Nancy Y. Gorman, Washington, D.C., were on the brief for petitioner. Stephen R. Melton, Washington, D.C., also entered an appearance for petitioner.

Joel M. Cockrell, Atty., F.E.R.C., with whom, Catherine C. Cook, Gen. Counsel and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief for respondent.

Thomas J. Eastment, Washington, D.C., with whom, Charles L. Spann, Dallas, Tex., was on the brief for intervenor, Sun Exploration and Production Co.

Brian D. O'Neill and Bruce W. Neely, Washington, D.C., were on the brief for intervenor Trunkline Gas Co.

Before EDWARDS, BUCKLEY and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

We deal here with a novel effort by a pipeline and its principal customer to provide for retrospective adjustment of rates to reflect current information about the cost of service and the amount and expected lifetime of the reserves to be transported. Finding the Federal Energy Regulatory Commission not to have supported...

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