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ATLANTIC RICHFIELD CO. v. U.S. DEPT. OF ENERGY

No. DC-117.

977 F.2d 611 (1992)

ATLANTIC RICHFIELD COMPANY, Plaintiff-Appellant, v. U.S. DEPARTMENT OF ENERGY, et al., Defendants-Appellees, and Don Van Vranken on behalf of himself and all others similarly situated, Intervenors-Appellees.

Temporary Emergency Court of Appeals.

Decided August 27, 1992.

Attorney(s) appearing for the Case

Sheldon E. Hochberg, David L. Roll and Pantelis Michalopoulos, Steptoe & Johnson, Washington, D.C. and Richard C. Morris, Atlantic Richfield Company, Los Angeles, Cal., were on the brief for plaintiff-appellant.

Richard F. Ahern, Don W. Crockett and Thomas Sacco, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, Washington, D.C., were on the brief for defendants-appellees; Tracy R. Kirkham, Hennigan & Mercer, with whom Josef D. Cooper, Law Offices of Josef D. Cooper, San Francisco, Cal., and William C. Barnard, Sommers & Barnard, Indianapolis, Ind., were on the brief for intervenor-defendants-appellees.

Before GRANT, PECK, and WEIGEL, JJ.

JOHN W. PECK, Judge:

This appeal arose from the denial by the Office of Hearings and Appeals (OHA) of ARCO's application to refile Refiner's Monthly Cost Allocation Reports (RMCARs). The district court affirmed OHA's denial. For the reasons stated below, we affirm the district court.

FACTS

During the period of petroleum price controls, the applicable regulations permitted oil refiners to incorporate increased crude oil costs into the prices of their...

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