SFPP, L.P., Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents
Ultramar Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 13, 2009.
Decided January 15, 2010.
Attorney(s) appearing for the Case
Charles F. Caldwell argued the cause for petitioner. With him on the briefs were Catherine O'Harra and D. Ryan Nayar.
Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John J. Powers III and Robert J. Wiggers, Attorneys, U.S. Department of Justice, and Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.
Steven A. Adducci argued the cause for intervenors. With him on the brief were R. Gordon Gooch, Elisabeth R. Myers, George L. Weber, Thomas J. Eastment, Gregory S. Wagner, Christina M. Vitale, Marcus W. Sisk Jr., and Frederick G. Jauss IV. Joshua B. Frank entered an appearance.
Opinion for the Court by Circuit Judge ROGERS.
United States Court of Appeals, District of Columbia Circuit.
ROGERS, Circuit Judge.
Following the remand in BP West Coast Products, L.L.C. v. FERC,374 F.3d 1263, 1270-71 (D.C.Cir.2004), the Federal Energy Regulatory Commission ("FERC") ordered petitioner SFPP, L.P. ("SFPP") to pay reparations to the complaining shippers using its Watson Station drain-dry facilities. SFPP, L.P., 122 FERC ¶ 61,126 (2008) ("Order on Initial Decision"). SFPP contends that notwithstanding...
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