AMERADA HESS PIPELINE CORPORATION, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
MAPCO Alaska Petroleum Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 31, 1997.
Decided July 8, 1997.
Rehearing Denied September 15, 1997.
Attorney(s) appearing for the Case
Steven Reed and Eugene R. Elrod, Washington, DC, argued the cause, for petitioners TAPS Carriers, with whom Steven H. Brose, Washington, DC, Albert S. Tabor, Jr., Houston, TX, and John E. Kennedy were on the joint briefs. Dean H. Lefler, Houston, TX, entered an appearance.
Samuel Soopper, Attorney, Federal Energy Regulatory Commission, Mount Rainier, MD, argued the cause, for respondent, with whom Jerome M. Feit, Washington, DC, Solicitor at the time the brief was filed, Joseph S. Davies, Deputy Solicitor, Bethesda, MD, Joel I. Klein, Acting Assistant Attorney General, United States Department of Justice, Washington, DC, John J. Powers, III, Washington, DC and Robert J. Wiggers, Attorneys, were on the brief. Janet K. Jones, Attorney, Federal Energy Regulatory Commission, entered an appearance.
Robert H. Loeffler, Washington, DC, argued the cause, for intervenor State of Alaska, with whom Jonathan Band, Bryan A. Schwartz, Bradley S. Lui, Washington, DC and John P. Griffin were on the brief. David S. Berman, James C. Reed, Jeffrey G. DiSciullo, Washington, DC, Robert H. Benna, Washington, DC and Randolph L. Jones, Jr., entered appearances.
Before WILLIAMS, SENTELLE, and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
SENTELLE, Circuit Judge:
A group of oil pipeline carriers petitions for review of a decision of the Federal Energy Regulatory Commission ("FERC" or the "Commission"). The decision rejected a filing by the carriers seeking a rate increase because of the inclusion of litigation and settlement costs in the carriers' tariffs. Tariff rates for the carriers are governed by a settlement agreement between the carriers and the State of Alaska. FERC determined that litigation...
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