ARIZONA CORP. COM'N v. F.E.R.C.

Nos. 03-1206, 03-1209.

397 F.3d 952 (2005)

ARIZONA CORPORATION COMMISSION, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Arizona Public Service Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Reissued February 11, 2005.


Attorney(s) appearing for the Case

Richard M. Lorenzo and David W. D'Alessandro argued the cause for petitioners and intervenor Southwest Gas Corporation. With them on the briefs were Janice Alward, Timothy J. Sabo, Barbara S. Jost, Kelly A. Daly, Joel L. Greene, Donald G. Avery, Andrew B. Kolesar, III., James H. McGrew, J. Michel Marcoux, John P. Gregg, Irving Jacob Golub, Melissa E. Maxwell, James F. Moriarty, Douglas M. Canter, and Steven J. Kalish. Janet F. Wagner and William A. Mogel entered appearances.

Beth G. Pacella, 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. Lona T. Perry and Laura J. Vallance, Attorneys, entered appearances.

Kenneth M. Minesinger argued the cause for intervenor El Paso Natural Gas Company. With him on the brief were Seth M. Galanter and Matthew C. Schruers.

Katherine B. Edwards, John Paul Floom, Harvey Y. Morris, Gordon J. Smith, Paul B. Mohler, Frank R. Lindh, John R. Ellis, David J. Gilmore, Kevin J. Lipson, Douglas L. Beresford, Douglas Kent Porter, and Joseph S. Koury were on the brief for intervenors. Michael A. Stosser, Arocles Aguilar, Stephen E. Pickett, John P. Beall, Frederick T. Kolb, and Bruce A. Connell entered appearances.

Before: GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.1

Petitioners, a group of natural gas shippers, challenge three FERC orders that modify the terms — set in 1990 and 1996 Settlements — under which petitioners ship natural gas over the lines of El Paso Natural Gas Company. El Paso Natural Gas Co., 99 FERC ¶ 61,244, 2002 WL 2013618 (2002) ("May 2002 Order...

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