Edwin L. Cox v. Federal Energy Regulatory Commission

GODBOLD, Circuit Judge:

Petitioners seek review of an order of the Federal Energy Regulatory Commission (FERC). 1 The principal issue is whether substantial evidence supports the agency finding that petitioners delivered uncertifi-cated gas in interstate commerce. Also at issue are whether FERC has authority to order a payback in kind of dedicated gas that was diverted from the interstate market and whether FERC abused its discretion in determining to reopen an earlier certification proceeding rather than to initiate a new certification proceeding. We conclude that substantial evidence…