DUKE ENERGY TRADING AND MARKETING v. F.E.R.C.

No. 01-1163.

315 F.3d 377 (2003)

DUKE ENERGY TRADING AND MARKETING, L.L.C., and American Natural Gas Corporation, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PG&E Gas Transmission, Northwest Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2003.


Attorney(s) appearing for the Case

Gordon J. Smith argued the cause and filed the briefs for petitioner.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Lee A. Alexander, Stefan M. Krantz, and Debra H. Rednik were on the brief for intervenor. Carl M. Fink entered an appearance.

Before: SENTELLE, RANDOLPH and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Duke Energy Trading & Marketing, L.L.C. (Duke) and American Natural Gas Corporation (ANG) petition for review of a Federal Energy Regulatory Commission (FERC or the Commission) order accepting a tariff filing from PG&E Gas Transmission, Northwest Corporation (PG&E). PG&E Gas Transmission, Northwest Corp., 93 F.E.R.C. ¶ 61,072, 2000 WL 1597087 (2000)...

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