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EXXON MOBIL CORP. v. F.E.R.C.

Nos. 04-1226, 04-1228.

430 F.3d 1166 (2005)

EXXON MOBIL CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Piedmont Natural Gas Company, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 6, 2005.

Attorney(s) appearing for the Case

Thomas J. Eastment argued the cause for petitioners Exxon Mobil Corporation, et al. With him on the briefs were Melissa E. Maxwell, Douglas W. Rasch, Bruce A. Connell, and Charles J. McClees.

David A. Glenn, Gregory Grady, and Michael J. Thompson were on the brief for petitioner Transcontinental Gas Pipe Line Corporation.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Cynthia A. Marlette, General Counsel.

James H. Byrd, Kenneth T. Maloney, Christopher M. Heywood, and Anne K. Kyzmir were on the brief of intervenors The Brooklyn Union Gas Company, et al.

Before: GINSBURG, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

For the third time before this court, Transcontinental Gas Pipe Line Corporation (Transco) challenges the decision by the Federal Energy Regulatory Commission (FERC) to deny Transco's proposal for implementing a "firm to the wellhead" (FTW) rate structure on its natural gas pipeline.1 When we remanded this case for a second time, we instructed FERC to reconcile...

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