NPGA Continues Fight on FERC Five-Year Index

On Wednesday, October 25 the US Court of Appeals for the DC Circuit (a federal court that hears many cases involving federal agencies) heard arguments on FERC’s determination regarding rebates pursuant to the five-year pipeline index.  NPGA’s outside counsel pressed that FERC had properly determined the new index in their Five-Year Review of the Oil Pipeline Index but erred in stating that the recalculation language in the revised Five-Year Index did not intend to require pipelines to retroactively alter tariffs. The three-judge panel posed numerous questions and hypotheticals of the parties in an unusually long oral argument. NPGA will keep membership updated when the court opinion is published.

Questions? Contact NPGA Director of Regulatory Affairs and Associate General Counsel Kate Gaziano.