Legal Opinion

Tarpon Transmission Company v. Federal Energy Regulatory Commission, Trunkline Gas Co., Sun Exploration and Production Co., Intervenors

Court of Appeals for the D.C. Circuit

Decided October 25, 1988No. 88-1052PublishedCited by 31 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

We deal here with a novel effort by a pipeline and its principal customer to provide for retrospective adjustment of rates to reflect current information about the cost of service and the amount and expected lifetime of the reserves to be transported. Finding the Federal Energy Regula tory Commission not to have supported its interpretation of the controlling contract provision with any plausible theory, we grant the petition for review for want of reasoned decisionmaking and remand for further…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  3. West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Supreme Court of the United States · 1987
  4. Southern California Edison Company v. Federal Energy Regulatory Commission, Cities of Anaheim, IntervenorsCourt of Appeals for the D.C. Circuit · 1986
  5. Vermont Department of Public Service v. Federal Energy Regulatory Commission, Vermont Electric Power Company, IntervenorCourt of Appeals for the D.C. Circuit · 1987

3Cited by31 opinions

  1. Koch Gateway Pipeline Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1998
  2. Lomak Petroleum, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2000
  3. Associated Gas Distributors v. Federal Energy Regulatory Commission, the Peoples Gas Light & Coke Co., IntervenorsCourt of Appeals for the D.C. Circuit · 1990
  4. Southeastern Michigan Gas Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1998
  5. Amerada Hess Pipeline Corporation v. Federal Energy Regulatory Commission, Mapco Alaska Petroleum Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1997

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