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Flint Hills Resources Alaska, LLC v. FERC, No. 09-1236

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By FindLaw Staff on January 20, 2011 4:01 PM

Petition for Review of FERC Order

In Flint Hills Resources Alaska, LLC v. FERC, No. 09-1236, a petition for review of the Federal Energy Regulatory Commission's order accepting a proposed adjustment in a method for valuing various types of oil, the court granted the petition where, in a proceeding covered by section 4412(b)(2) of the Motor Carrier Safety Reauthorization Act, the Commission identified its initial order, allowing a carrier-filed adjustment to take effect and setting the matter for hearing, as section 4412(b)(2)'s "first order," and this interpretation was inconsistent with the statute's language and purpose.

As the court wrote:  "Section 4412 of the Motor Carrier Safety Reauthorization Act of 2005, Pub. L. No. 109-59, 119 Stat. 1144, 1778-79 (2005) ("§ 4412") imposes a limit on the retroactivity of Federal Energy Regulatory Commission orders changing "quality bank adjustments" paid to oil shippers on the Trans Alaska Pipeline System ("TAPS")."

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