FERC Oil Pipeline Order Affirmed
In Flint Hills Resources Alaska, LLC v. FERC, No. 08-1270, a petition for review of the Federal Energy Regulatory Commission’s orders finding certain oil pipeline rates filed for 2005 and 2006 to be unjust and unreasonable, but not discriminatory or unduly preferential, the court denied the petition where: 1) by the time of the ratemaking settlement agreement at issue, any reasonable investor would have abandoned any hopes in the valuation methodology; 2) the Commission’s alleged miscalculation had no impact on the rates and refunds at issue here; and 3) it was unclear how a non-shipper complainant, with interests such as those of the state of Alaska, could show competitive injury.
Related Resources
- Read the D.C. Circuit’s Decision in Flint Hills Resources Alaska, LLC v. FERC, No. 08-1270
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