FRONTIER PIPELINE CO. v. F.E.R.C.

Nos. 04-1343, 04-1344, 04-1349.

452 F.3d 774 (2006)

FRONTIER PIPELINE COMPANY and Express Pipeline LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Big West Oil, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2006.


Attorney(s) appearing for the Case

In Nos. 04-1343 and 04-1349, Steven Reed argued the cause for petitioners Frontier Pipeline Company and Express Pipeline LLC. With him on the briefs were Steven H. Brose, John D. Clopper, and Christopher J. Barr.

In No. 04-1344, Melvin Goldstein argued the cause and filed the briefs for petitioners Big West Oil, LLC and Chevron Products Company.

In Nos. 04-1343, 04-1344, and 04-1349, Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, John J. Powers and Robert J. Wiggers, Attorneys, and John S. Moot, General Counsel, Federal Energy Regulatory Commission, and Dennis Lane, Former Solicitor.

In Nos. 04-1343 and 04-1349, Melvin Goldstein was on the brief of intervenors Big West Oil, LLC and Chevron Products Company.

In No. 04-1344, Steven H. Brose, Steven Reed, John D. Clopper, and Christopher J. Barr were on the brief of intervenors Frontier Pipeline Company and Express Pipeline LLC. Dawn M. Karolick entered an appearance.

Before: GARLAND, Circuit Judge, and SILBERMAN and WILLIAMS, Senior Circuit Judges.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Before us are petitions for review of orders of the Federal Energy Regulatory Commission requiring certain crude oil carriers to pay shippers reparations for excessive rates. The carrier-petitioners contend that FERC went too far, in holding that a joint rate exceeds the just and reasonable rate simply on the basis of a finding about the costs for providing service...

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