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EXXON MOBIL CORP. v. F.E.R.C.

Nos. 01-1407 and 01-1415.

315 F.3d 306 (2003)

EXXON MOBIL CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Consolidated Edison Company of New York, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2003.

Attorney(s) appearing for the Case

Thomas J. Eastment argued the cause for petitioners Exxon Mobil Corporation, et al. With him on the briefs were Douglas W. Rasch, Bruce A. Connell, Joseph E. Mixon and Charles J. McClees, Jr. Linda L. Geoghegan entered an appearance.

Gregory Grady argued the cause for petitioner Transcontinental Gas Pipe Line Corporation. With him on the briefs were Michael J. Thompson and David A. Glenn.

Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Kenneth T. Maloney argued the cause for intervenors KeySpan, et al. With him on the brief were James H. Byrd and Steven J. Kalish. Edward B. Myers entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Transcontinental Gas Pipe Line Corporation has tried for nearly ten years to convince the Federal Energy Regulatory Commission to allow it to adopt a pricing system called "firm to the wellhead" that many of its competitors employ. In this case, Transco and a group of natural gas producers that use its pipeline petition for review of FERC's latest rejection of Transco's firm transportation...

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