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CHEVRONTEXACO EXPLORATION & PRODUCTION v. F.E.R.C.

No. 03-1153.

387 F.3d 892 (2004)

CHEVRONTEXACO EXPLORATION & PRODUCTION CO., a Division of CHEVRON U.S.A. INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Trading and Marketing, L.L.C., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2004.

Attorney(s) appearing for the Case

Jon L. Brunenkant argued the cause for petitioners. With him on the briefs were Cheryl J. Walker, Carolyn S. Hazel, Charles J. McClees, Jr., Frederick T. Kolb, and Douglas W. Rasch.

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 Dennis Lane, Solicitor.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

ChevronTexaco and other shippers of natural gas ("Shippers") petition for review of two orders in which the Federal Energy Regulatory Commission, pursuant to § 4 of the Natural Gas Act, 15 U.S.C. § 717c, held the ANR Pipeline Company had properly calculated and was entitled to collect its annual cashout surcharge for 2001. The Commission also concluded, however, that the...

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