TESORO ALASKA PETROLEUM COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents.
Williams Alaska Petroleum Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 16, 2000.
Decided December 19, 2000.
Attorney(s) appearing for the Case
Virginia A. Seitz and Robert H. Benna argued the causes for petitioners Exxon Company, U.S.A. and Tesoro Alaska Petroleum Company. With them on the briefs were Eugene R. Elrod, Steven S. Hill and Jeffrey G. DiSciullo.
Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief were John H. Conway, Acting Solicitor at the time the brief was filed, Timm L. Abendroth, Attorney, Joel I. Klein, Assistant Attorney General, John J. Powers, III and Robert J. Wiggers, Attorneys. Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, Federal Energy Regulatory Commission, entered appearances.
John A. Donovan argued the cause for intervenors BP Exploration (Alaska), Inc. et al. With him on the brief were Matthew W.S. Estes, Bradford G. Keithley, Charles William Burton, Jason F. Leif, Richard Curtin, Randolph L. Jones, Jr. John W. Griggs and W. Stephen Smith. Dean H. Lefler entered an appearance.
Albert S. Tabor, Jr., John E. Kennedy and S. Scott Gaille were on the brief for intervenors TAPS Carriers. Alex A. Goldberg entered an appearance.
Before: WILLIAMS, RANDOLPH and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
The Trans Alaska Pipeline System ("TAPS") is a 48-inch diameter pipeline carrying crude oil from Alaska's North Slope approximately 800 miles south to Valdez, Alaska. Each shipper delivers its own crude oil to the pipeline, in which the oils are commingled; at the terminus the shipper takes delivery of a proportional share of the common stream. The crude oils...
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