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TESORO REFINING AND MARKETING CO. v. F.E.R.C.

No. 07-1461.

552 F.3d 868 (2009)

TESORO REFINING AND MARKETING COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents Calnev Pipe Line LLC and BP West Coast Products LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Melvin Goldstein, argued the cause, for petitioner. With him on the briefs were R. Gordon Gooch and Elisabeth R. Myers.

Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent. With her on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, John J. Powers III and Robert J. Wiggers, Attorneys, Cynthia A. Marlette, General Counsel, Federal Energy Regulatory Commission, and Robert H. Solomon, Solicitor.

Charles F. Caldwell and Catherine O'Harra were on the brief for intervenor Calnev Pipe Line LLC in support of respondent.

Opinion for the Court filed by Chief Judge SENTELLE.

SENTELLE, Chief Judge:

Tesoro Refining and Marketing Company, a petroleum products company, petitions for review of an order of the Federal Energy Regulatory Commission ("FERC" or "Commission") that approved an oil pipeline's new rates, adjusted for inflation. The major question presented on the merits is whether FERC acted arbitrarily or capriciously when it approved that rate increase, knowing that the oil pipeline's revenues exceeded its cost of service. Because...

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