Exxon Mobil Corp. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

For the third time before this court, Transcontinental Gas Pipe Line Corporation (Transco) challenges the decision by the Federal Energy Regulatory Commission (FERC) to deny Transco’s proposal for implementing a “firm to the wellhead” (FTW) rate structure on its natural gas pipeline. 1 When we remanded this case for a second time, we instructed FERC to reconcile two arguably inconsistent orders issued in response to Transco’s rate structure proposals. While FERC’s new variations on its theme have not rendered this already…