Petition for Review of FERC Ratemaking
In Apache Valley Corp. v. FERC, No. 09-1204, a petition for review of the Federal Energy Regulatory Commission's approval of a lease that would enable a larger, interstate pipeline (Midcontinent) to transport natural gas over a smaller, intrastate pipeline (Enogex), the court granted the petition in part where FERC did not provide a reasoned explanation for its decision. However, the court denied the petition in part where petitioner failed to raise its undue discrimination claim before FERC.
As the court wrote: "Pursuant to its congressionally assigned authority, the Federal Energy Regulatory Commission regulates the transmission of oil, electricity, and natural gas. Its goals are to promote competition and help American consumers gain access to reliable and affordable energy."
- Read the DC Circuit's Decision in Apache Valley Corp. v. FERC, No. 09-1204