Total Gas & Power North America, Inc. v. Federal Energy Regulatory Commission
Court of Appeals for the Fifth Circuit
1Opinion of the Court
KING, Circuit Judge:
We are presented with a challenge to the authority of the Federal Energy Regulatory Commission to adjudicate violations of the Natural Gas Act and to impose civil penalties on violators. TOTAL Gas & Power North America, Inc., a company that trades in North American natural gas markets, and two of its trading managers brought this declaratory judgment action against the Commission arguing that the Commission was precluded from adjudicating violations or imposing civil penalties because the Natural Gas Act vests authority for those activities exclusively in federal district…
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