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PNGTS SHIPPERS' GROUP v. F.E.R.C.

No. 09-1029.

592 F.3d 132 (2010)

PNGTS SHIPPERS' GROUP, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Portland Natural Gas Transmission System, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 2010.

Attorney(s) appearing for the Case

John B. Rudolph argued the cause for petitioners. With him on the briefs was Timothy W. Bergin.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Thomas R. Sheets, General Counsel, Robert H. Solomon, Solicitor, and Kathrine L. Henry, Attorney.

Carl M. Fink, Mark F. Sundback, Kenneth L. Wiseman, Jennifer L. Spina, and Lisa M. Purdy were on the brief for intervenor in support of respondent.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Shippers with long-term (twenty-year) firm contracts on the Portland Natural Gas Transmission System ("PNGTS") petition for review of two orders of the Federal Energy Regulatory Commission ("FERC") certifying PNGTS's capacity. The Shippers' Group contends FERC's determination was arbitrary and capricious because FERC failed to take into account the potential economic impact of a reduction in capacity. Noting the pipeline's historical capacity...

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