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NORTH BAJA PIPELINE, LLC v. F.E.R.C.

No. 05-1214.

483 F.3d 819 (2007)

NORTH BAJA PIPELINE, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 2007.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioner. With her on the briefs were Lee A. Alexander, Stefan M. Krantz, James Howard, C. Todd Piczak, and Carl M. Fink. Debra H. Rednik entered an appearance.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Before: HENDERSON, RANDOLPH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge.

Interstate natural gas pipelines must submit their proposed shipping rates to the Federal Energy Regulatory Commission for approval. This case concerns a rate filing by North Baja, a pipeline that transports natural gas from Arizona to Mexico through California. North Baja proposed a formula for sharing with shippers the costs of so-called force majeure interruptions&...

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