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BNP PARIBAS ENERGY TRADING GP v. F.E.R.C.

No. 12-1242.

743 F.3d 264 (2014)

BNP PARIBAS ENERGY TRADING GP, formerly known as Fortis Energy Marketing & Trading GP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PSEG Energy Resources & Trade LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 2014.

Attorney(s) appearing for the Case

Gordon J. Smith argued the cause for petitioner. With him on the briefs was Matthew T. Rick.

Ira Megdal was on the briefs for intervenor South Jersey Resources Group, LLC in support of petitioner. Marc J. Fink entered an appearance.

Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor. Judith A. Albert , Attorney, Federal Energy Regulatory Commission, entered an appearance.

Michael J. Thompson argued the cause for intervenors Transcontinental Gas Pipe Line Company, LLC, et al. With him on the briefs were David S. Shaffer , David A. Glenn , James H. Byrd , and James H. Jeffries, IV.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Two firms receiving gas storage service in the Washington Storage Field ceased taking service and "released" their storage rights to petitioner BNP Paribas Energy Trading GP and intervenor South Jersey Resources Group, LLC. (Since they are similarly situated and advance the same arguments, we'll refer to the new customers collectively as "Paribas" or "the replacement shippers.") At the time of the release, the departing customers exercised...

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