OXY USA, INC., Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Amerada Hess Pipeline Corporation, BP Pipelines (Alaska) Inc., Exxon Pipeline Company, Mobil Alaska Pipeline Company, Phillips Alaska Pipeline Corporation, Unocal Pipeline Company, State of Alaska, ARCO Alaska, Inc., ARCO Transportation, Alaska, Inc., MAPCO Alaska Petroleum, Inc., BP Exploration (Alaska), Inc., Tesoro Alaska Petroleum Company, Petro Star, Inc., and Exxon Company, U.S.A., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 16, 1995.
Decided August 29, 1995.
Rehearing Denied November 2, 1995.
Attorney(s) appearing for the Case
Eugene R. Elrod and Stephen S. Hill argued the cause and were on the joint briefs for Exxon Co., U.S.A., petitioner in No. 94-1402 and intervenor in No. 94-1061.
John W. Griggs argued the cause and filed the briefs for OXY USA, Inc., petitioner in No. 94-1061 and intervenor in No. 94-1132.
Bradford G. Keithley, with whom Carolyn Y. Thompson was on the briefs, argued the cause for BP Exploration (Alaska), Inc., petitioner in No. 94-1132 and intervenor in No. 94-1061.
Randolph L. Jones Jr. argued the cause and was on the joint briefs for MAPCO Alaska Petroleum, Inc., petitioner in No. 94-1430 and intervenor in Nos. 94-1061 and 94-1132.
W. Stephen Smith argued the cause and was on the joint briefs for State of Alaska, petitioner in No. 94-1487 and intervenor in No. 94-1061.
Robert H. Benna and Jeffrey G. DiSciullo were on the joint briefs for Tesoro Alaska Petroleum Co., petitioner in No. 94-1466 and intervenor in No. 94-1061. James C. Reed and David S. Berman entered appearances for Tesoro Alaska Petroleum Co.
O. Yale Lewis and Richard A. Curtain were on the joint briefs for Petro Star, Inc., petitioner in No. 94-1476 and intervenor in Nos. 94-1061 and 94-1132.
Samuel Soopper, Federal Energy Regulatory Com'n ("FERC"), with whom Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., and Edward Geldermann, Atty., FERC, and Anne K. Bingaman, Asst. Atty. Gen., and John J. Powers III, and Robert J. Wiggers, Attys., U.S. Dept. of Justice, were on the brief, argued the cause for respondents.
Matthew W.S. Estes, with whom Clifford M. Naeve was on the brief, argued the cause for intervenor ARCO Alaska, Inc.
Steven H. Brose and Steven Reed were on the brief for intervenor ARCO Transp., Alaska, Inc.
John E. Kennedy and Albert S. Tabor Jr. were on the brief for intervenors Amerada Hess Pipeline Corp., et al.
Before BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
The Trans Alaska Pipeline System ("TAPS") provides the sole means of shipping petroleum produced from the North Slope of Alaska south to the Port of Valdez, Alaska. Because there are multiple shippers and only a single pipeline, TAPS commingles the various shippers' petroleum. Necessity dictates that TAPS return to shippers a portion of that "common stream" at Valdez, regardless...
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