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ASSOCIATION OF OIL PIPE LINES v. F.E.R.C.

No. 01-1066.

281 F.3d 239 (2002)

ASSOCIATION OF OIL PIPE LINES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents. Canadian Association of Petroleum Producers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 2002.

Attorney(s) appearing for the Case

C. Frederick Beckner III argued the cause for petitioner. With him on the briefs were Lawrence A. Miller and Michele F. Joy.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondents. With him on the brief was Cynthia A. Marlette, Acting General Counsel. John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.

James H. Holt and Melvin Goldstein were on the brief for intervenors.

Before: SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

In December 2000 the Federal Energy Regulatory Commission established a formula for changes in the ensuing years' price caps for interstate oil pipelines. See Order Concluding Initial Five-Year Review of the Oil Pipeline Pricing Index, 93 FERC ¶ 61,266 (2000) ("Order" or "2000 Order"). To drive the annual change in the caps, it chose the Producer Price...

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