FREEPORT-McMORAN CORP. v. F.E.R.C.

Nos. 08-1349, 10-1277, 10-1325.

669 F.3d 302 (2012)

FREEPORT-McMoRAN CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent El Paso Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2012.


Attorney(s) appearing for the Case

Barbara S. Jost argued the cause for petitioner Freeport-McMoRan Corporation. With her on the briefs was Adam S. Caldwell .

Kenneth M. Minesinger argued the cause for petitioner El Paso Natural Gas Company. With him on the briefs were Howard L. Nelson , Richard C. Green , Francesca E. Ciliberti , Craig V. Richardson , and David Cain .

Jonathan J. Newlander , John R. Ellis , Keith T. Sampson , Stuart A. Caplan , Frank R. Lindh , Harvey Y. Morris , James H. McGrew , and Steven A. Weiler were on the joint briefs of intervenors in support of petitioner El Paso Natural Gas Company. Jerry F. Coffey and Mary F. McKenzie entered appearances.

Lona T. Perry , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the briefs were Michael A. Bardee , General Counsel, Robert H. Solomon , Solicitor, and Beth G. Pacella , Senior Attorney.

John P. Gregg , David W. D'Alessandro , Douglas M. Canter , Lisa S. Novins , Keith A. Layton , James F. Moriarty , Thomas E. Knight , Barbara S. Jost , Adam S. Caldwell , Douglas O. Waikart , Wendy B. Warren , David S. Shaffer , Joel L. Greene , and Elizabeth B. Teuwen were on the joint briefs of intervenors in support of respondent. Jennifer L. Brough , Marie D. Zosa , and Kelly A. Daly entered appearances.

Kenneth M. Minesinger , Howard L. Nelson , Richard C. Green , Francesca E. Ciliberti , Craig V. Richardson , David Cain , John R. Ellis , Jonathan J. Newlander , and Steven A. Weiler were on the briefs for intervenors in support of respondent.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge:

El Paso Natural Gas Company ("El Paso") operates an interstate pipeline that transports natural gas to California and other western states, and Freeport-McMoRan Corporation ("Freeport") ships gas on El Paso's pipeline to power its various mining, smelting, and refining facilities. They mount separate challenges to several orders the Federal Energy Regulatory Commission (the "Commission" or "FERC") issued in connection with El Paso's 2005 rate...

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