Municipal Defense Group v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

On May 1, 1997, Texas Eastern Transmission Corporation filed tariff revisions with the Federal Energy Regulatory Commission proposing to implement a change in the method by which the gas pipeline allocated forward-haul firm capacity that became available on its system, primarily due to contract expiration. In the past, Texas Eastern had allocated available firm capacity1 to its customers on a first-come, first-served basis. Now it proposed to grant that capacity to the *199customer whose request would generate the…