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Western Refining Southwest, Inc. v. Federal Energy Regulatory Commission

Citations: 636 F.3d 719; 180 Oil & Gas Rep. 139; 2011 U.S. App. LEXIS 5994; 2011 WL 1053362Docket: 09-60947

Court: Court of Appeals for the Fifth Circuit; March 24, 2011; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves a contractual dispute between Western Refining Southwest, Inc. and Western Refining Pipeline Company (collectively 'Western') and Enterprise Crude Pipeline, LLC ('Enterprise') over a capacity lease agreement for oil pipeline transportation. Western leased pipeline capacity from Enterprise, committing to minimum usage, while the agreement required Western to operate as an individual common carrier. Following a failure by Western to inform Enterprise of its June transportation plans, Enterprise reversed the pipeline flow, leading to a dispute over oil transportation activities. Western alleged Enterprise's actions were unjust under section 1(6) of the Interstate Commerce Act, seeking damages under section 8. The Federal Energy Regulatory Commission (FERC) determined it lacked jurisdiction, viewing the issue as a private contractual dispute rather than one involving transportation under its authority. The FERC's decision was grounded in the absence of a common carrier relationship between the parties, and the court affirmed this view, applying Chevron deference. The court also clarified that the Act's provisions apply exclusively to common carriers, and Enterprise did not meet this definition in relation to Western. Consequently, the court upheld FERC's dismissal of Western's claims, confirming the lack of jurisdiction and the appropriateness of resolving the matter in state court.

Legal Issues Addressed

Chevron Deference in Statutory Interpretation

Application: The court applies Chevron deference to determine agency jurisdiction, finding no ambiguity in the statute that would require deferring to the agency's interpretation.

Reasoning: The court concludes that the statute's language is clear, negating the need to apply further interpretative steps as outlined in Chevron.

Common Carrier Obligations under the Interstate Commerce Act

Application: A company leasing pipeline capacity does not assume common carrier obligations if it operates solely under a lease agreement without transporting oil for shippers.

Reasoning: The court concludes that the statute's language is clear, negating the need to apply further interpretative steps as outlined in Chevron.

Filed Rate Doctrine and Lessees

Application: The filed rate doctrine does not apply to lessees operating as common carriers rather than shippers paying tariff rates.

Reasoning: Phillips Pipe Line Co. v. Diamond Shamrock Ref. Mktg. Co. is referenced, illustrating that the filed rate doctrine does not apply to lessees like Diamond, who is a common carrier rather than a shipper.

Jurisdiction of Federal Energy Regulatory Commission

Application: The Federal Energy Regulatory Commission does not have jurisdiction over disputes involving private contractual agreements for leasing pipeline capacity.

Reasoning: The Commission determined that the complaint did not invoke its jurisdiction over oil pipeline transportation but rather concern a private contractual dispute, thus directing the matter to state court.

Requirement for Evidentiary Hearings

Application: Agencies are not required to hold evidentiary hearings unless there is a genuine issue of material fact, which was not demonstrated in this case.

Reasoning: FERC is only required to hold an evidentiary hearing when there is a genuine issue of material fact, and may resolve disputes based on the written record.