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GAS TRANSMISSION NORTHWEST CORP. v. F.E.R.C.

No. 03-1166.

363 F.3d 500 (2004)

GAS TRANSMISSION NORTHWEST CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Utilities Commission of the State of California, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2004.

Attorney(s) appearing for the Case

Stefan M. Krantz argued the cause for petitioner. With him on the briefs were Lee A. Alexander, C. Todd Piczak, and Carl M. Fink.

David H. Coffman, 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.

Before: EDWARDS and HENDERSON, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Gas Transmission Northwest Corporation ("GTN") is an interstate natural gas pipeline that transports gas from the United States/Canada border to the California/Oregon border. In 2002 it sought permission from the Federal Energy Regulatory Commission to amend its tariff so that it could sell available, unsubscribed capacity, or capacity expected to become...

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