OCCIDENTAL PERMIAN LTD. v. F.E.R.C.

No. 10-1381.

673 F.3d 1024 (2012)

OCCIDENTAL PERMIAN LTD., et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent PSEG Energy Resources & Trade LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 2012.


Attorney(s) appearing for the Case

Earle H. O'Donnell argued the cause for petitioners. With him on the briefs were Jane E. Rueger and Jennifer L. Mersing .

Jennifer S. Amerkhail , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

David B. Raskin was on the brief for intervenor Tres Amigas LLC in support of respondent.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge:

Occidental Permian ("Occidental") and a number of its subsidiaries petition for review of final orders of the Federal Energy Regulatory Commission ("FERC") granting negotiated rate authority to Tres Amigas, a proposed energy transmission project. Occidental argues Tres Amigas does not satisfy the criteria FERC has set out as preconditions for such authority. Because we conclude Occidental lacks standing to challenge these orders, we do not reach...

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