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ENERGY TRANSFER PARTNERS, L.P. v. F.E.R.C.

No. 08-60730.

567 F.3d 134 (2009)

ENERGY TRANSFER PARTNERS, L.P.; Energy Transfer Company; ETC Marketing Ltd.; Houston Pipe Line Company, L.P.; Oasis Pipeline L.P.; Oasis Pipeline Company Texas L.P.; ETC Texas Pipeline Ltd., Oasis Division, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

April 28, 2009.

Attorney(s) appearing for the Case

William Scott Scherman, Donna Francescani Byrne, John Nowell Estes, III (argued), David J. Hill, John Lee Shepherd, Skadden, Arps, Slate, Meagher & Flom, Robert Stephen Fleishman, William Lloyd Massey, Covington & Burling, Washington, DC, Charles W. Schwartz, Skadden, Arps, Slate, Meagher & Flom, Houston, TX, for Petitioners.

Robert Harris Solomon (argued), Carol Jayne Banta, FERC, Washington, DC, for Respondent.

Before JOLLY, SMITH and OWEN, Circuit Judges.

OWEN, Circuit Judge:

Energy Transfer Partners, L.P. and related entities (to which we will refer individually and collectively as ETP) petition for review of an order of the Federal Energy Regulatory Commission (FERC or Commission) denying rehearing of an order that alleges ETP violated the Natural Gas Act (NGA), the Natural Gas Policy Act (NGPA), and FERC's implementing regulations and in which FERC proposed substantial penalties. ETP also petitions for review of...

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