Western Refining Southwest, Inc. v. Federal Energy Regulatory Commission

JENNIFER WALKER ELROD, Circuit Judge:

The Interstate Commerce Act vests the Federal Energy Regulatory Commission with jurisdiction over common carriers engaged in “the transportation of oil ... by pipe line.” 49 U.S.C. app. § l(l)(b) (1988). This case concerns the extent of the Commission’s jurisdiction under the Act, and whether it includes a dispute over a capacity lease agreement regarding the use of an oil pipeline. We AFFIRM.

I

This case arises from a contractual dispute between Western Refining Southwest, Inc., Western Refining Pipeline Company (collectively, Western) and Enterprise Crude…