Legal Opinion

Public Utilities Commission v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided March 19, 1993No. Nos. 91-1372, 91-1422PublishedCited by 1 opinion

1Opinion of the Court

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

As the Federal Energy Regulatory Commission (“FERC” or “Commission”) attempts to make take-or-pay problems a thing of the past, the transition to other systems has presented its own genre of problems. This case illustrates one such problem. In simple terms, FERC issued an order providing two basic ways in which pipelines could (1) recover outstanding take-or-pay costs and (2) bill their sales customers for the cost of maintaining a future inventory of natural gas for those customers. Order No. 500, Regulation of Natural Gas…

2Cases cited27 opinions

  1. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  2. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
  3. United Gas Improvement Co. v. Callery Properties, Inc.Supreme Court of the United States · 1965
  4. Niagara Mohawk Power Corporation v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1967
  5. K N Energy, Inc. v. Federal Energy Regulatory Commission, Western Gas Resources, Inc., Williston Basin Interstate Pipeline Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1992

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3Cited by1 opinion

  1. Public Utilities Commission of the State of California v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company Transwestern Pipeline Company Southern California Gas Company Texaco Inc., Texas Gas Marketing Inc., and Texaco Exploration and Production, Inc. Williams Natural Gas Company, Intervenors. Southern California Gas Company v. Federal Energy Regulatory Commission, the Kansas Power and Light Company Pacific Gas and Electric Company the Public Utilities Commission of the State of California Transwestern Pipeline Company Williams Natural Gas Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1993

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