BP WEST COAST PRODUCTS, LLC v. F.E.R.C.

Nos. 99-1020, 99-1051, 00-1221, 00-1240, 00-1256, 01-1413, 01-1453, 01-1469, 01-1475, 02-1008, 02-1011, 02-1321.

374 F.3d 1263 (2004)

BP WEST COAST PRODUCTS, LLC, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents. SFPP, L.P., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2004.

Rehearing Denied October 4, 2004.


Attorney(s) appearing for the Case

R. Gordon Gooch argued the cause for West Line Shippers. With him on the briefs were Elisabeth R. Myers, D. Jane Drennan, George L. Weber, Marcus W. Sisk, Jr., Steven A. Adducci, and Richard E. Powers, Jr.

Steven H. Brose argued the cause for petitioner SFPP, L.P. With him on the briefs were Timothy M. Walsh, Daniel J. Poynor, Alice E. Loughran, Albert S. Tabor, Jr., and Charles F. Caldwell.

Thomas J. Eastment, Joshua B. Frank, Michael J. Manning, and Glenn S. Benson were on the briefs for East Line Shippers on Cost Allocation Issues.

Thomas J. Eastment argued the cause for petitioners and intervenors supporting petitioners on Rate and Reparations Issues. With him on the briefs were Joshua B. Frank, Michael J. Manning, Glenn S. Benson, George L. Weber, R. Gordon Gooch, Elisabeth R. Myers, Richard E. Power, Jr., Steven A. Adducci, and Marcus W. Sisk, Jr.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, and Lona T. Perry, Attorney, argued the causes for respondents. With them on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III and Robert J. Wiggers, Attorneys, Cynthia A. Marlette, General Counsel, Federal Energy Regulatory Commission. Jay L. Witkin, Solicitor, and Susan J. Court, Special Counsel, entered appearances.

Thomas J. Eastment argued the cause for Shipper intervenors in support of respondents. With him on the briefs were Joshua B. Frank, Michael J. Manning, Glenn S. Benson, George L. Weber, R. Gordon Gooch, Elisabeth R. Myers, Richard E. Powers, Jr., Steven A. Adducci, and Marcus W. Sisk, Jr.

Steven H. Brose, Timothy M. Walsh, Daniel J. Poynor, Alice E. Loughran, Albert S. Tabor, Jr. and Charles F. Caldwell were on the brief of SFPP, L.P. as intervenor in support of respondents.

Before: SENTELLE, ROGERS, and ROBERTS, Circuit Judges.


Rehearing En Banc Denied October 4, 2004.

Opinion for the Court filed PER CURIAM.

INTRODUCTION

The consolidated petitions before us seek review of four opinions of the Federal Energy Regulatory Commission ("FERC" or "the Commission"):

1. SFPP, L.P., Opinion No. 435, 86 FERC ¶ 61,022, 1999 WL 12216 (1999) ("Opinion No. 435");

2. SFPP, L.P., Opinion No. 435-A, 91 FERC ¶ 61,135, 2000 WL 640584 (2000) ("Opinion...

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