SEA ROBIN PIPELINE COMPANY; Petitioner,
Williams Gas Processing-Gulf Coast Company; Transcontinental Gas Pipe Line Corporation, Intervenors,
v.
FEDERAL ENERGY REGULATORY COMMISSION; Respondent,
Producer-Marketer Transportation Group; Independent Petroleum Association of America; Total Minatome Corporation; Energy Development Corporation; Exxon Corporation; Texaco Natural Gas Inc.; Shell Gas Trading Company; Phillips Petroleum Company and Phillips Gas Marketing Company ("Phillips"); Murphy Exploration and Production Company; Marathon Oil Company; Amoco Production Company and Amoco Energy Trading Corporation ("Amoco") Anadarko Petroleum Corporation, Intervenors.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
October 23, 1997.
October 23, 1997.
Attorney(s) appearing for the Case
John Nowell Estes, III, William Scott Scherman, Skadden, Arps, Slate, Meagher & Flom, Washington, DC, James J. Cleary, Patricia Shaud Francis, Birmingham, AL, for Petitioner.
Mari Michelle Ramsey, The Williams Companies, Tulsa, OK, for Intervenor Williams Gas Processing-Gulf Coast Co.
James T. McManus, Joseph S. Koury, Washington, DC, for Williams Gas Processing-Gulf Coast Co. and Transcontinental Gas Pipe Line Corp., Intervenors.
Gisela Blohm Cherches, Transcontinental Gas Pipe Line Corporation, Houston, TX, for Transcontinental Gas Pipe Line Corp., Intervenor.
Joel M. Cockrell, John Harris Conway, Washington, DC, Jerome M. Feit, Solicitor, Federal Energy Regulatory Commission, Office of the Solicitor, Washington, DC, for Federal Energy Regulatory Commission, Respondent.
Charles H. Shoneman, Randall S. Rich, Bracewell & Patterson, Washington, DC, for Producer-Marketer Transportation Group, Intervenor.
Richard Greer Morgan, Lane & Mittendorf, Washington, DC, for Independent Petroleum Association of America, Intervenor.
David Bancroft Robinson, Washington, DC, Thomas William Ryan, Houston, TX, for Total Minatome Corporation, Intervenor.
C. Peck Hayne, Jr., Gordon, Arata, McCollam & Duplantis, New Orleans, LA, for Energy Development Corporation, Intervenor.
Jon L. Brunenkant, Cheryl Walker, Law Offices of Jon L. Brunenkant, Washington, DC, for Intervenors Exxon Corp., Texaco Natural Gas, Inc., Shell Gas Trading Co., Phillips Petroleum Company and Phillips Gas Marketing Company ("Phillips"), Murphy Exploration and Production Company, Marathon Oil Company and Amoco Production Company and Amoco Energy Trading Corporation ("Amoco").
Mark Richard Haskell, Travis & Gooch, Washington, DC, for Anadarko Petroleum Corporation, Intervenor.
Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PATRICK E. HIGGINBOTHAM, Circuit Judge:
In 1995, the Sea Robin Pipeline Company petitioned the Federal Energy Regulatory Commission for a declaration that Sea Robin's facilities perform a "gathering" function rather than a "transportation" function, thus exempting them from the Commission's jurisdiction under Section 1(b) of the Natural Gas Act, 15 U.S.C. § 717(b). The Commission, in denying the petition, determined that Sea Robin was engaged in jurisdictional...
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