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Columbia Gas Transmission Corporation v. Federal Energy Regulatory Commission

Citations: 844 F.2d 879; 269 U.S. App. D.C. 261; 1988 U.S. App. LEXIS 5760Docket: 85-1846, 85-1847, 86-1021, 86-1074, 86-1082, 86-1164 and 86-1187

Court: Court of Appeals for the D.C. Circuit; April 22, 1988; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the District of Columbia Circuit reviewed petitions for rehearing in a case involving Columbia Gas Transmission Corp. and the Federal Energy Regulatory Commission (FERC). The central issue was whether FERC held implied authority under Section 4(d) of the Natural Gas Act to waive the 'filed rate' doctrine, a matter not initially raised but brought to attention after the court found that ratepayers received inadequate notice, thus invalidating retroactive ratemaking. FERC argued, referencing Consumers Union v. FPC, that the court could consider new arguments during rehearing due to the significant public interest involved. After reassessing its previous decision and the associated costs, the court upheld its remand order, enabling FERC to further explore the waiver issue and potentially issue new orders in accordance with prior judicial principles. The decision underscored the imperative for precision in legal rulings, particularly in matters of substantial public concern.

Legal Issues Addressed

Consideration of New Arguments on Rehearing

Application: The court considered arguments regarding FERC's authority during the rehearing process, particularly when such issues emerged after the initial decision, impacting public interest significantly.

Reasoning: Citing Consumers Union v. FPC, 510 F.2d 656 (D.C.Cir.1974), FERC asserted that the court had the authority to consider new arguments during rehearing, particularly when the public interest is significantly impacted.

Implied Authority under Section 4(d) of the Natural Gas Act

Application: The court evaluated whether FERC has implied authority to waive the 'filed rate' doctrine, which was not initially raised but became relevant after the court's previous ruling.

Reasoning: The Federal Energy Regulatory Commission (FERC) and various intervening pipeline companies contended that FERC possesses implied authority under Section 4(d) of the Natural Gas Act (15 U.S.C. § 717c(d)) to waive the 'filed rate' doctrine.

Judicial Decision-Making and Public Interest

Application: The court highlighted the necessity of accuracy in judicial decisions, especially when substantial public interest considerations are involved.

Reasoning: The court emphasized the importance of accuracy in judicial decision-making, especially given the case's public interest dimension.