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NORTHERN NATURAL GAS CO. v. F.E.R.C.

No. 11-1240.

700 F.3d 11 (2012)

NORTHERN NATURAL GAS COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northern States Power Company-Minnesota, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 27, 2012.

Attorney(s) appearing for the Case

Frank X. Kelly argued the cause for petitioner. With him on the briefs were Steve Stojic , J. Gregory Porter , and Dorothy R. Dornan .

Beth G. Pacella , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Robert I. White was on the brief for intervenors Northern States Power Company-Minnesota, et al. in support of respondent.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

In response to a tariff filing by Northern Natural Gas Company, the Federal Energy Regulatory Commission issued an interpretation of § 4(f) of the Natural Gas Act, 15 U.S.C. § 717c(f). Northern Natural Gas Co., 133 FERC ¶ 61,210 (2010), reh'g denied, Northern Natural Gas Co., 135 FERC ¶ 61,085 (2011). Northern objects to the interpretation, and further argues that even if it is correct, its effect,...

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