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SHELL OIL CO. v. F.E.R.C.

Nos. 92-1634, 93-1762.

47 F.3d 1186 (1995)

SHELL OIL COMPANY; Shell Pipe Line Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pennzoil Exploration and Production Company, et al., Intervenors. PENNZOIL EXPLORATION AND PRODUCTION COMPANY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Shell Oil Company; Shell Pipe Line Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 1995.

Attorney(s) appearing for the Case

Lawrence A. Miller, Washington, DC, argued the cause, for petitioners Shell Oil Co., et al. With him on the briefs was Kevin Hawley, Washington, DC.

John W. Ebert, Washington, DC, argued the cause, for petitioners Pennzoil Production Co., et al. With him on the briefs were Mark F. Sundback and Peter J. Thompson, Washington, DC.

Eric Lee Christensen, Atty., F.E.R.C., Washington, DC, argued the cause, for respondent. With him on the briefs were Anne K. Bingaman, Asst. Atty. Gen., John J. Powers, III and Robert Wiggers, Attys., U.S. Dept. of Justice, Jerome M. Feit, Sol., Joseph J. Davies, Deputy Sol., and Timm L. Abendroth, Atty., F.E.R.C., Washington, DC.

Kevin Hawley, Washington, DC, argued the cause, for intervenors Shell Oil Co., et al. With him on the brief was Lawrence A. Miller, Washington, DC. John W. Ebert, Mark F. Sundback and Peter J. Thompson, Washington, DC, were on the brief, for intervenor Pennzoil Exploration and Production Co., et al.

Before: WILLIAMS, GINSBURG, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Petitioners in these consolidated cases challenge an order of the Federal Energy Regulatory Commission concerning access to an oil pipeline system on the Outer Continental Shelf. Applying the "open and nondiscriminatory access" provision of the Outer Continental Shelf Lands Act ("OCSLA"), 43 U.S.C. § 1334(f) (1988), the Commission ruled that the Bonito Pipe Line Company must provide...

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