Northern Municipal Distributors Group v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Federal Energy Regulatory Commission sought in five orders to ensure adequate supplies of gas at Carlton, Minnesota on the Northern Natural Gas Pipeline. A settlement agreement, as modified by the Commission, requires that some shippers supply gas at Carlton and other shippers pay a surcharge to reimburse the supplying shippers. Petitioner Northern Natural Gas (“Northern”) contends that it should be permitted to discount the Carlton surcharge in its contracts with customers as it sees fit. Northern maintains that…