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BROOKLYN UNION GAS CO. v. F.E.R.C.

No. 04-1079.

409 F.3d 404 (2005)

BROOKLYN UNION GAS COMPANY, d/b/a Keyspan Energy Delivery New York, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Independent Oil & Gas Association Of West Virginia, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2005.

Attorney(s) appearing for the Case

Kenneth T. Maloney argued the cause for petitioners. With him on the briefs were Christopher M. Heywood and Thomas P. Thackston.

Carol J. Banta, 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.

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

TATEL, Circuit Judge.

This case presents the following question: may the Federal Energy Regulatory Commission hold a gas pipeline and its customers to a rate settlement when all parties but one agree to abrogate it? Under the circumstances of this case, we conclude that it may.

I.

In the spring of 2002, two natural gas pipelines, Equitrans, L.P. and Carnegie Interstate Pipeline Co., sought FERC's approval to merge their two companies. Fearing the...

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