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CANADIAN ASS'N OF PETROLEUM v. F.E.R.C.

No. 05-1382.

487 F.3d 973 (2007)

CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 2007.

Attorney(s) appearing for the Case

James H. Holt argued the cause for petitioner Canadian Association of Petroleum Producers. With him on the briefs was Jill M. Barker.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, John J. Powers, III, and Robert J. Wiggers, Attorneys, John S. Moot, General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon, Solicitor. Robert B. Nicholson, Attorney, U.S. Department of Justice, entered an appearance.

Before: SENTELLE, GRIFFITH and KAVANAUGH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM.

The Canadian Association of Petroleum Producers ("CAPP") has petitioned for review of the Federal Energy Regulatory Commission's Policy Statement on Income Tax Allowances. Policy Statement on Income Tax Allowances, 111 FERC ¶ 61,139 (2005). Petitioners assert that the Policy Statement is arbitrary and capricious and contrary to our decision in BP West Coast Products, LLC v. FERC,

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