EXXON CO., U.S.A. v. F.E.R.C.

Nos. 95-1520, 96-1078, 96-1464, 97-1733, and 98-1005.

182 F.3d 30 (1999)

EXXON COMPANY, U.S.A., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, et al., Respondents. Tesoro Alaska Petroleum Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 1999.

Rehearing and Rehearing Denied September 15, 1999.


Attorney(s) appearing for the Case

Carter G. Phillips argued the cause for petitioner Exxon Company, U.S.A. With him on the joint briefs were Eugene R. Elrod, Stephen S. Hill, Stephen F. Smith, Robert H. Benna and Jeffrey G. DiSciullo. Clifton D. Harris, Jr., and Thomas M. Roche entered appearances.

Robert H. Benna argued the cause for petitioner Tesoro Alaska Petroleum Company. With him on the briefs was Jeffrey G. DiSciullo. James C. Reed, Jeanne M. Bennett and David S. Berman entered appearances.

Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys, Jay L. Witkin, Solicitor, Federal Energy Regulatory Commission, and Susan J. Court, Special Counsel. David H. Coffman, Attorney, entered an appearance.

John A. Donovan argued the cause for intervenors Arco Alaska, Inc., et al. With him on the brief were Matthew W.S. Estes, Bradford G. Keithley, Charles William Burton, Jason F. Leif, John W. Griggs, W. Stephen Smith, Randolph L. Jones, Jr., Alex A. Goldberg and Richard Curtin. Carolyn Y. Thompson, Richard D. Avil, Jr., and Marvin T. Griff entered appearances.

Albert S. Tabor, Jr., John E. Kennedy and S. Scott Gaille were on the brief for intervenors TAPS Carriers. Dean H. Lefler entered an appearance.

Before: GINSBURG, SENTELLE and RANDOLPH, Circuit Judges.


Rehearing and Rehearing En Banc Denied September 15, 1999.*

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Exxon Company, U.S.A. and Tesoro Alaska Petroleum Company petition for review of the Federal Energy Regulatory Commission's ("FERC" or "Commission") order revising the valuation methodology for specified grades of petroleum products after our partial remand of the Commission's earlier...

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