In Interstate Natural Gas Association of America v. FERC (No. 09-1016), the United States Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC’s) decision in Order No. 712 lifting the price ceilings for short-term capacity releases for shippers but retaining them for capacity sales by pipelines. In general, the court found reasonable the distinctions made by FERC between pipelines and shippers when participating in the capacity market.
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