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America Gas Ass'n v. Federal Energy Regulatory Comm'n

Citation: 40 ELR 20024
No. No. 08-1266, (D.C. Cir., 01/22/2010)

The D.C. Circuit ordered FERC to reconsider its reporting rules for interstate natural gas pipelines. During the public comment period, petitioners--a national trade association of gas utility companies--requested additional and more detailed reporting requirements for shipper-supplied gas for pipeline operations, but FERC declined to adopt their request. Petitioners now argue that FERC failed to engage in reasoned decisionmaking and offered only conclusory and unsupported explanations. Because FERC failed to respond to the reasonable concerns of a dissenting Commissioner, the petition was granted. Although FERC is not required to agree with arguments raised by a dissenting Commissioner, it must, at a minimum, acknowledge and consider them. On remand, FERC may again conclude the burdens of the additional reporting requirements requested by petitioner outweigh the benefits, but it must do so in a reasoned decision that acknowledges the concerns raised by the dissenting Commissioner.