EL PASO NATURAL GAS v. FEDERAL ENERGY REGULATORY

No. 15-1323 Consolidated with 16-1122.

966 F.3d 842 (2020)

EL PASO NATURAL GAS COMPANY, L.L.C., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent El Paso Municipal Customer Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2020.


Attorney(s) appearing for the Case

Howard L. Nelson , Washington, DC, argued the cause for petitioner El Paso Natural Gas Company, L.L.C. With him on the briefs were Kenneth M. Minesinger , Washington, DC, Francesca Ciliberti-Ayres , Denver, CO, and J. Curtis Moffatt .

Richard P. Bress , Washington, DC, argued the cause for petitioners Southern California Gas Company, et al. With him on the briefs were J. Patrick Nevins , Charles S. Dameron , Washington, DC, and Jonathan J. Newlander , San Diego, CA.

Beth G. Pacella , Falls Church, VA, and Lona T. Perry , Deputy Solicitors, Federal Energy Regulatory Commission, argued the causes for respondent. With them on the briefs were James P. Danly , General Counsel, Robert H. Solomon , Solicitor, and Carol J. Banta , Senior Attorney. Anand Viswanathan , Attorney, entered an appearance.

Howard L. Nelson , Kenneth M. Minesinger , Washington, DC, and Francesca Ciliberti-Ayres , Denver, CO, were on the joint brief for intervenors El Paso Natural Gas Company, L.L.C., et al. in support of respondent.

Betsy Carr , Houston, TX, Katherine B. Edwards , John Paul Floom , Douglas M. Canter , Suzanne K. McBride , Keith A. Layton , Las Vegas, NV, John P. Gregg , and Barbara S. Jost , Washington, DC, were on the brief for intervenors BP Energy Company, et al. in support of respondent.

John P. Gregg , Barbara S. Jost , Christopher J. Barr , Washington, DC, and Keith A. Layton , Las Vegas, NV, were on the brief for intervenors El Paso Municipal Customer Group, et al. in support of respondent.

Before: SRINIVASAN, Chief Judge, and GARLAND and WILKINS, Circuit Judges.


El Paso Natural Gas Company operates pipelines that transport natural gas to customers across the southwestern United States. The consolidated petitions for review challenge a number of orders of the Federal Energy Regulatory Commission ("FERC") on two intertwined El Paso rate cases.

The proceedings at issue began in June 2008 when...

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