Moraine Pipeline Company v. Federal Energy Regulatory Commission, Wyoming-California Pipeline Company, Wisconsin Natural Gas Company, Intervenors

Opinion for the court filed by Circuit Judge BUCKLEY.

Concurring opinion filed by Circuit Judge SILBERMAN.

BUCKLEY, Circuit Judge:

Moraine Pipeline Company petitions for review of Federal Energy Regulatory Commission orders granting Moraine an optional expedited certificate to construct and operate a natural gas pipeline. The sole issue presented is whether FERC properly conditioned the certificate on the requirement that Moraine base its rates on an annual throughput of 54.7 billion cubic feet (“bcf”). We conclude that even under the expedited procedures elected by Moraine, the Commission…