Texas Eastern Transmission Corp. v. Federal Energy Regulatory Commission

GARZA, Circuit Judge:

I

These consolidated appeals1 involve the Federal Energy Regulatory Commission’s (“Commission”) handling of three rather distinct issues under the Natural Gas Policy Act of 1978, 15 U.S.C. Section 3301 et seq. (“NGPA”). First, the Commission issued a number of regulations outlining when a first seller of natural gas can recover certain production-related costs under Section 110(a)(2) over and above the Congressionally established maximum lawful price. The Commission’s regulations on this subject are challenged for varying reasons by several groups of parties. The Indicated…