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SFPP, L.P. v. PUBLIC UTILITIES COMMISSION

No. G046669.

217 Cal.App.4th 784 (2013)

159 Cal. Rptr. 3d 10

SFPP, L.P., Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; CHEVRON PRODUCTS COMPANY et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 13, 2013.

Attorney(s) appearing for the Case

Mayer Brown , Donald M. Falk , Neil M. Soltman and Eileen Penner for Petitioner.

Frank R. Lindh , Helen W. Yee and Pamela Nataloni for Respondent.

Baker Botts , Thomas J. Eastment , Gregory S. Wagner ; Ropers, Majeski, Kohn & Bentley and Susan H. Handelman for Real Parties in Interest BP West Coast Products and ExxonMobil Oil Corporation.

Weber & Associates, George L. Weber ; Orrick, Herrington & Sutcliffe and Joseph M. Malkin , for Real Party in Interest Chevron Products Company.

Dorsey & Whitney, Martha C. Luemers and Marcus W. Sisk, Jr. , for Real Party in Interest Phillips 66 Company.

Venable, Steven A. Adducci , Richard E. Powers, Jr. , and Douglas C. Emhoff , for Real Parties in Interest Southwest Airlines Co., Ultramar Inc., and Valero Marketing and Supply Company.

McGuireWoods and A. Brooks Gresham for Real Party in Interest Tesoro Refining and Marketing Company.

OPINION

MOORE, Acting P. J. —

I

INTRODUCTION

Petitioner SFPP, L.P. (SFPP), is a Delaware limited partnership that operates both intrastate and interstate oil pipelines. SFPP's upstream owners are Kinder Morgan Energy Partners, L.P., a publicly traded partnership, which, through one of its operating partnerships, Kinder Morgan Operating L.P. "D" (which itself is partly owned by Kinder Morgan, Inc.) owns 99.5 percent...

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