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

No. 06-1145.

519 F.3d 497 (2008)

WILLISTON BASIN INTERSTATE PIPELINE COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Northern States Power Company (Minnesota), et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 2008.

Attorney(s) appearing for the Case

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

Robert B. Nelson, Robert A. Jablon, and Rebecca Baldwin were on the brief for intervenors Montana Consumer Counsel and South Dakota Public Utilities Commission.

Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were John S. Moot, General Counsel, Robert H. Solomon, Solicitor, and Patrick Y. Lee, Attorney.

Robert I. White was on the brief for intervenor Northern States Power Company (Minnesota). Nancy A. White entered an appearance.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Williston Basin Interstate Pipeline Company challenges orders of the Federal Energy Regulatory Commission that modified its contract with a shipper, the Northern States Power Company ("NSP"), so that NSP would be able to resell transportation capacity for which it had no use. While we find that the Commission was correct to decide the case under the "just and reasonable...

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