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BURLINGTON RESOURCES OIL & GAS CO. v. F.E.R.C.

Nos. 03-1340, 03-1432.

396 F.3d 405 (2005)

BURLINGTON RESOURCES OIL & GAS COMPANY L.P., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Northern Natural Gas Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2005.

Attorney(s) appearing for the Case

Thomas J. Eastment argued the cause and filed the briefs for petitioner.

Judith A. Albert, 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.

Frank X. Kelly, Steve Stojic, J. Gregory Porter, James F. Moriarty, R. Bruce Beckner, David D'Alessandro, and John E. McCaffrey were on the brief for intervenors Northern Natural Gas Company, et al. in support of respondent. Marie D. Zosa entered an appearance.

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

ROGERS, Circuit Judge.

This petition for review involves one of several efforts to resolve long-standing disputes related to the refunds due to customers for ad valorem taxes collected in excess of maximum lawful price ceilings under section 504(a)(1) of Title V of the Natural Gas Policy Act ("NGPA"), 15 U.S.C. § 3414(a)(1) (1989). See, e.g., Pub. Serv. Co. of Colo. v. FERC, 91 F.3d 1478 (D.C.Cir.1996), cert...

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