Legal Opinion

Flint Hills Resources Alaska, LLC v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided December 3, 2010No. 08-1270, 08-1271, 09-1025, 09-1026, 09-1030, 09-1031, 09-1033, 09-1215, 09-1222, 09-1223, 09-1229, 09-1232PublishedCited by 4 opinions

1Opinion of the Court

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This case arises primarily out of the stresses involved in a shift from one system of regulatory ratemaking to another.

For many years the oil pipeline companies owning and operating the Trans Alaska Pipeline System (“TAPS”) charged shippers rates based on a 1985 settlement agreement between them (initially six of the carriers, but ultimately all eight) and the state of Alaska. (Alaska’s anticipation of royalties and tax receipts gave it a stake in the matter; the shippers in the early years, by…

2Cases cited13 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  3. National Treasury Employees Union v. United StatesCourt of Appeals for the D.C. Circuit · 1996
  4. McInnis-Misenor v. Maine Medical CenterCourt of Appeals for the First Circuit · 2003
  5. Interstate Commerce Commission v. United States Ex Rel. CampbellSupreme Court of the United States · 1933

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3Cited by4 opinions

  1. CEPHALON, INC. v. SebeliusDistrict Court, District of Columbia · 2011
  2. Tesoro Alaska Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2015
  3. Cephalon, Inc. v. SebeliusDistrict Court, District of Columbia · 2011
  4. Exxonmobil Gas & Power Marketing Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2011

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