WILLISTON BASIN INTERSTATE PIPELINE v. F.E.R.C.

No. 05-1209.

475 F.3d 330 (2006)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Montana Consumer Counsel and South Dakota Public Utilities Commission Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2006.


Attorney(s) appearing for the Case

Robert T. Hall, III argued the cause for petitioner. With him on the briefs was Andrea C. Wolfman.

Michael E. Kaufmann, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Robert A. Jablon and Thomas C. Trauger were on the brief for intervenors Montana Consumer Counsel and South Dakota Public Utilities Commission.

Before: GARLAND and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge.

Williston Basin Interstate Pipeline Co. ("petitioner") seeks judicial review of three Federal Energy Regulatory Commission ("FERC" or "Commission") orders: Williston Basin Interstate Pipeline Co., 104 F.E.R.C. ¶ 61,036 (2003) ("Initial Order"); Williston Basin Interstate Pipeline Co., 107 F.E.R.C. ¶ 61,164 (2004) ("Rehearing Order<...

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