Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.
HARRY T. EDWARDS, Chief Judge:
In January 1990, the Federal Energy Regulatory Commission ("FERC") approved the construction of a pipeline by Kern River Gas Transmission Company ("Kern River") that would transport natural gas from the Wyoming "Overthrust Region" to California. Kern River negotiated long term contracts with purchasers of its transportation services ("shippers") using the rate structure...
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