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TESORO ALASKA CO. v. F.E.R.C.

Nos. 13-1248, 13-1249.

778 F.3d 1034 (2015)

TESORO ALASKA COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents BP Pipelines (Alaska) Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 20, 2015.

Attorney(s) appearing for the Case

Robin O. Brena argued the cause for petitioners. With him on the joint briefs were Anthony S. Guerriero , Kelly M. Helmbrecht , Joseph Koury , and Andrew T. Swers.   David W. Wensel entered an appearance.

Beth G. Pacella , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , General Counsel, and Robert H. Solomon , Solicitor.

Charles F. Caldwell argued the cause for respondent intervenors. With him on the brief were Dean H. Lefler , Steven H. Brose , Steven Reed , Daniel J. Poynor , Eugene R. Elrod , Christopher M. Lyons , and J. Patrick Nevins.   Elizabeth B. Kohlhausen and Ruth M. Porter entered appearances.

Opinion for the Court filed by Circuit Judge WILKINS.

The Trans Alaska Pipeline System (TAPS) runs for 800 miles from Prudhoe Bay on Alaska's North Slope to a southern terminus at Port Valdez. TAPS is jointly owned by the three TAPS Carriers, BP Pipelines (Alaska) Inc., ConocoPhillips Transportation Alaska, Inc., and Exxon-Mobil Pipeline Company. The crux of the consolidated...

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