Williston Basin Interstate Pipeline Co. v. FERC, D.C. Cir. Mar. 18, 2008
06-1145 Williston Basin Interstate Pipeline Co. v. FERC
Before: ROGERS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
WILLIAMS, Senior Circuit Judge: Williston Basin Interstate Pipeline Company challenges orders of the Federal Energy Regulatory Commission that modified its contract with a shipper, the Northern States Power Company (“NSP”), so that NSP would be able to resell transportation capacity for which it had no use. While we find that the Commission was correct to decide the case under the “just and reasonable” standard of § 5(a) of the Natural Gas Act (“NGA”), 15 U.S.C. § 717d(a), we grant Williston’s petition; flaws in the Commission’s reasoning render its orders arbitrary and capricious. … Williston Basin Interstate Pipeline Co. v. FERC.
