Tenneco Exploration, Ltd. v. Federal Energy Regulatory Commission

SAM D. JOHNSON, Circuit Judge:

This case involves the review of two unreported orders of the Federal Energy Regulatory Commission (FERC). Tenneco Exploration, Ltd. applied for certificates of public convenience and necessity to sell certain Outer Continental Shelf gas at the section 109(a)(2) ceiling price under the Natural Gas Policy Act of 1978 (NGPA), 15 U.S.C.A. § 3319(a)(2). The Commission authorized Tenneco Exploration’s sales at no more than the section 104 ceiling price of the NGPA. The issue in this case is whether the Commission properly concluded that section 104 rather than section…