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MISSOURI PUBLIC SERVICE COM'N v. F.E.R.C.

No. 02-1132.

337 F.3d 1066 (2003)

MISSOURI PUBLIC SERVICE COMMISSION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Enbridge Pipelines, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 12, 2003.

Attorney(s) appearing for the Case

John E. McCaffrey argued the cause for petitioner. With him on the brief was David W. D'Alessandro. Kelly A. Daly entered an appearance.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Deputy Solicitor.

James P. White and William A. Williams were on the brief for intervenor Enbridge Pipelines.

Before: Edwards, SENTELLE, and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

For the second time, petitioner Missouri Public Service Commission seeks review of initial rates approved by the Federal Energy Regulatory Commission (FERC) for natural gas transportation by the Kansas Pipeline Company. On the last occasion, we rejected as arbitrary and capricious the reasons FERC gave for approving the challenged rates. On remand, the Commission reaffirmed the same...

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