Natural Gas Policy Act Of 1978

133 Florida cases classified under this topic · sorted by citation count · browse and sort

• S.D. Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n
  668 F.2d 333· 8th Cir.· 1981-11-25 ·cited 9×
  The court held that the FERC gave reasoned consideration to depreciation rates, and judicial review is limited.
• Pub. Utils. Comm'n OF the State OF Cal. v. Fed. Energy Regulatory Comm'n
  817 F.2d 858· D.C. Cir.· 1987-05-01 ·cited 8×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to adequately explain its resolution of the deferred tax reserves issue and that the replacement contract price issue was not ripe for review. Both issues are remanded to the Commission.
• Martin Exploration Mgmt. Co. v. Fed. Energy Regulatory Comm'n
  813 F.2d 1059· 10th Cir.· 1987-03-09 ·cited 8×
  The court held that FERC's interpretation of the Natural Gas Policy Act (NGPA) regarding dual-qualified natural gas was contrary to congressional intent, and that Section 101(b)(5) mandates applying the provision resulting in the highest price.
• Pennzoil Co. v. Fed. Energy Regulatory Comm'n
  742 F.2d 242· 5th Cir.· 1984-09-24 ·cited 8×
  The court held that the Federal Energy Regulatory Commission's interlocutory order was not ripe for judicial review because it was not a final agency action and lacked direct and immediate impact on the petitioner.
• Jicarilla Apache Tribe v. Supron Energy Corp.
  728 F.2d 1555· 10th Cir.· 1984-02-24 ·cited 8×
  The court held that the Secretary of the Interior's long-standing administrative construction of oil and gas lease provisions and regulations regarding royalty computation should be applied, and that state price control statutes apply to gas produced on the Jicarilla reservation.
• Kerr-McGEE Corp. v. N. Utils., Inc.
  673 F.2d 323· 10th Cir.· 1982-03-23 ·cited 8×
  A contract clause allowing indefinite price escalation for intrastate natural gas is not unconscionable or against public policy under Wyoming law, especially when permitted by federal legislation.
• Ohio Ass'n OF Cmty. Action Agencies v. Fed. Energy Regulatory Comm'n
  654 F.2d 811· D.C. Cir.· 1981-06-15 ·cited 8×
  The court held that section 206(d) of the Natural Gas Policy Act of 1978 authorizes the Federal Energy Regulatory Commission to exempt industrial users from the upper surcharge levels of its incremental pricing system. The court affirmed the Commission's order granting such an ex
• Sandstone Res., Inc. v. Fed. Energy Regulatory Comm'n
  973 F.2d 956· D.C. Cir.· 1992-09-08 ·cited 6×
  The court held that the Federal Energy Regulatory Commission's determination that costs incurred in removing liquid brine are 'production costs' and not separately recoverable 'production-related costs' was not plainly erroneous or inconsistent with its regulations.
• Am. GAS Ass'n v. Fed. Energy Regulatory Comm'n
  912 F.2d 1496· D.C. Cir.· 1990-08-24 ·cited 6×
  The court affirmed the Commission's rejection of demands to intervene under § 5 of the Natural Gas Act to modify uneconomic take-or-pay contracts, finding the Commission correctly determined it lacked authority over nonjurisdictional contracts and that § 5 intervention was not su
• The Piney Woods Country Life Sch. v. Shell OIL Co.
  905 F.2d 840· 5th Cir.· 1990-06-27 ·cited 6×
  The court held that the district court did not err in finding that the royalty owners failed to prove market value exceeded Shell's contract price, and that Shell's actual sales price was the best indicator of market value for the period in question.
• Mobil OIL Exploration & Producing Se., Inc. v. Fed. Energy Regulatory Comm'n
  885 F.2d 209· 5th Cir.· 1989-09-15 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) acted within its statutory authority in issuing Order No. 451, which allowed for renegotiation of prices for "old gas" and included provisions for producer abandonment and mandatory transportation.
• Kaiser-Francis OIL Co. v. Producer's GAS Co.
  870 F.2d 563· 10th Cir.· 1989-03-08 ·cited 6×
  The court held that a buyer's refusal to pay for gas taken under a contract, coupled with demands for renegotiation, created reasonable grounds for the seller's insecurity and rendered the buyer's assurances inadequate, thus rejecting the buyer's defenses.
• ANR Pipeline Co. v. The Corp. Comm'n OF the State OF Okla.
  860 F.2d 1571· 10th Cir.· 1988-11-09 ·cited 6×
  The court held that Oklahoma's ratable take statute and implementing regulation are preempted by federal law, and the district court properly exercised jurisdiction.
• Associated GAS Distribs. v. Fed. Energy Regulatory Comm'n
  810 F.2d 226· D.C. Cir.· 1987-01-23 ·cited 6×
  The court held that the proffered extrinsic evidence was too general to rebut FERC's presumption and constituted an impermissible collateral attack, thus affirming the dismissal of the protests.
• Explo, Inc. v. S. Natural GAS Co.
  788 F.2d 1096· 5th Cir.· 1986-05-02 ·cited 6×
  The court held that the dispute over gas pricing, arising from a contract's price redetermination clause and subsequent deregulation, falls within the scope of the contract's arbitration provision.
• Atlanta GAS Light Co. v. Fed. Energy Regulatory Comm'n
  756 F.2d 191· D.C. Cir.· 1985-03-15 ·cited 6×
  The court held that the Natural Gas Policy Act of 1978 does not require the Federal Energy Regulatory Commission to invalidate a curtailment plan provision limiting preferential claims to contract demand, as the Act's curtailment provisions can be interpreted to apply only to con
• Interstate Natural GAS Ass'n OF Am. v. Fed. Energy Regulatory Comm'n
  756 F.2d 166· D.C. Cir.· 1985-03-05 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) must vacate the offset provision in Order No. 399-A, as it improperly delayed refunds mandated by a prior court decision and lacked adequate explanation for the reversal of its earlier prohibition on offsets.
• Transwestern Pipeline Co. v. Fed. Energy Regulatory Comm'n
  747 F.2d 781· D.C. Cir.· 1984-11-09 ·cited 6×
  The court held that the Federal Energy Regulatory Commission's declaratory order was limited in scope and did not address downstream jurisdictional consequences, thus the petitioner was not an aggrieved party and the appeal was dismissed.
• Fort Pierce Util. Auth. OF the City OF Fort Pierce v. Fed. Energy Regulatory Comm'n
  724 F.2d 1167· 5th Cir.· 1984-02-13 ·cited 6×
  The court held that the Commission's rejection of compensation for deeper curtailment was based on an unjustified policy and flawed reasoning, requiring further consideration on the merits.
• Associated GAS Distribs. v. Fed. Energy Regulatory Comm'n
  706 F.2d 344· D.C. Cir.· 1983-05-13 ·cited 6×
  The court held that the Federal Energy Regulatory Commission (FERC) did not abuse its discretion or misinterpret statutes by denying a customer's request to examine underlying gas purchase contracts in a Purchased Gas Adjustment (PGA) proceeding absent specific allegations of fra
• Cities of Lakeland & Tallahassee v. Fed. Energy Regulatory Comm'n
  702 F.2d 1302· 11th Cir.· 1983-04-04 ·cited 6×
  The court affirmed the Federal Energy Regulatory Commission's decision to implement a curtailment plan for natural gas, finding that the Commission properly considered the relevant factors and that the petitioners had sufficient opportunity to present their evidence.
• The State OF Okla. v. Fed. Energy Regulatory Comm'n
  661 F.2d 832· 10th Cir.· 1981-09-22 ·cited 6×
  The court held that the Natural Gas Policy Act of 1978 is a constitutional exercise of Congress's Commerce Clause power and does not violate the Tenth Amendment or the doctrine of intergovernmental immunity.
• Tenneco Exploration, Ltd. v. Fed. Energy Regulatory Comm'n
  649 F.2d 376· 5th Cir.· 1981-07-02 ·cited 6×
  The court held that gas not subject to a Natural Gas Act (NGA) rate on November 8, 1978, falls under section 109(a)(2) of the Natural Gas Policy Act (NGPA), not section 104, because it was not yet dedicated to interstate commerce under the NGA.
• S.D. Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n
  643 F.2d 504· 8th Cir.· 1981-03-05 ·cited 6×
  The court held that the Commission's depreciation rates were not supported by substantial evidence and were outside the zone of reasonableness.
• S.D. Pub. Utils. Comm'n v. Fed. Energy Regulatory Comm'n
  934 F.2d 346· D.C. Cir.· 1991-05-24 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) did not err in determining that area rate clauses in natural gas contracts authorized the collection of rates established by the Natural Gas Policy Act (NGPA).
• CSG Exploration Co. v. Fed. Energy Regulatory Comm'n
  930 F.2d 1477· 10th Cir.· 1991-04-18 ·cited 4×
  The court dismissed the appeals for lack of jurisdiction because the challenges to the WACOG and common economic interest tests were not ripe for review.
• Shelton v. Exxon Corp.
  921 F.2d 595· 5th Cir.· 1991-01-22 ·cited 4×
  The court held that the 1980 settlement agreement, as unambiguously written, released all claims, including imprudent marketing claims, that accrued before its effective date. The court also affirmed the denial of claims based on an assignment of rights that expressly allowed the
• Nw. Pipeline Corp. v. Fed. Energy Regulatory Comm'n
  905 F.2d 1403· 10th Cir.· 1990-06-13 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) improperly asserted jurisdiction over certain natural gas gathering facilities by misapplying its own 'primary function' test and failing to adequately consider the specific facts of the case. The court reversed
• Nat'l Fuel GAS Supply Corp. v. Fed. Energy Regulatory Comm'n
  900 F.2d 340· D.C. Cir.· 1990-04-10 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) did not abuse its discretion in determining that National Fuel Gas Supply Corporation's (National) payments of gathering costs were not excessive or abusive, and that certain purchases of gas for off-system sales
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  870 F.2d 717· D.C. Cir.· 1989-03-24 ·cited 4×
  The court held that the Federal Energy Regulatory Commission (FERC) is not required to reopen final well category determinations based on later-acquired information, as long as the original determination was based on the best available information at the time.
• Amoco Prod. Co. v. SEA Robin Pipeline Co.
  844 F.2d 1202· 5th Cir.· 1988-05-18 ·cited 4×
  The court held that a dispute over take-or-pay obligations in natural gas contracts for gas produced from the Outer Continental Shelf falls within federal jurisdiction under the Outer Continental Shelf Lands Act (OCSLA).
• City OF Farmington v. Fed. Energy Regulatory Comm'n
  820 F.2d 1308· D.C. Cir.· 1987-06-16 ·cited 4×
  The court held that sales of natural gas to an end-user for consumption are not jurisdictional under the Natural Gas Act, even if the gas was commingled with gas sold for resale in interstate commerce. The court also held that a sale by a local distribution company's affiliate to
• Consul, Ltd. v. Transco Energy Co.
  805 F.2d 490· 4th Cir.· 1986-11-14 ·cited 4×
  A plaintiff must establish a relevant market to prove a violation of Section 2 of the Sherman Act, and the plaintiff's narrowly defined market in this case was insufficient.
• ANR Pipeline Co. & ANR Storage Co. v. Schneidewind
  801 F.2d 228· 6th Cir.· 1986-09-15 ·cited 4×
  The Natural Gas Act implicitly preempts Michigan's securities regulation law for natural gas companies, and the state law unconstitutionally burdens interstate commerce.
• Ky. W. Va. GAS Co. v. Fed. Energy Regulatory Comm'n
  780 F.2d 1231· 5th Cir.· 1986-01-21 ·cited 4×
  The court held that the settlement agreements did not preclude Kentucky West from recovering NGPA prices for its "old" pipeline production, as the settlements were silent on this specific issue and waiver could not be inferred from silence.
• Amoco Prod. Co. v. Fed. Energy Regulatory Comm'n
  765 F.2d 686· 7th Cir.· 1985-06-20 ·cited 4×
  The court held that the Commission's interpretation of the contract, which determined that a separate tax reimbursement component was not permissible when taxes were already included in the regulated resale price, was reasonable and in conformance with law.
• L & B OIL Co., Inc. v. Fed. Energy Regulatory Comm'n
  665 F.2d 758· 5th Cir.· 1982-01-15 ·cited 4×
  The court held that FERC's posting practice satisfied the NGPA's minimum notice requirement for jurisdiction, but that FERC erred in reversing the state agency's determination that L & B's well qualified as a new, onshore production well.
• Petrolite Corp. v. Fed. Energy Regulatory Comm'n
  667 F.2d 664· 8th Cir.· 1981-12-15 ·cited 4×
  The court affirmed FERC's orders denying retroactive application of the agricultural exemption for food-grade waxes and hardboard, finding the Commission's interpretations and rulemaking within its statutory authority and rational.
• Process GAS Consumers Grp. v. United States Dep't OF Agric.
  657 F.2d 459· D.C. Cir.· 1981-06-30 ·cited 4×
  The court held that the Secretary of Agriculture exceeded his authority in defining 'process fuel' to include boiler fuel under the Natural Gas Policy Act, and that 'process fuel' does not encompass boiler fuel for the purposes of section 401(f)(1)(B).
• Lone Mountain Prod. Co. v. Natural GAS Pipeline Co. OF Am.
  984 F.2d 1551· 10th Cir.· 1992-12-07 ·cited 2×
  The court held that the succession agreements constituted valid assignments of the gas purchase contracts, and that Natural Gas waived its right to demand strict compliance with formal assignment procedures. The court also affirmed the trial court's damage calculations based on e
• Tenneco GAS v. Fed. Energy Regulatory Comm'n
  969 F.2d 1187· D.C. Cir.· 1992-07-21 ·cited 2×
  The court held that FERC's contemporaneous disclosure requirement for transportation information was reasonable, but its application to sales and marketing information lacked adequate justification and statutory authority.
• Nat'l Fuel GAS Distrib. Corp. v. TGX Corp. & Paragon Res., Inc.
  950 F.2d 829· 2d Cir.· 1991-12-03 ·cited 2×
  The court held that the PSC Order voided only the price term of the contract, not the entire contract, and that the parties' subsequent conduct constituted an election to continue under the contract at the NGPA ceiling price.
• Williams Natural GAS Co. v. Fed. Energy Regulatory Comm'n
  943 F.2d 1320· D.C. Cir.· 1991-09-06 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to provide a reasoned explanation for its decision to retain an above-market incentive price for high-cost natural gas, particularly for post-NOPR wells, and for denying refunds for past overpayments.
• Nw. Cent. Pipeline Corp. v. JER P'ship
  943 F.2d 1219· 10th Cir.· 1991-08-30 ·cited 2×
  The court held that the contracts did not grant Williams a unilateral right to terminate and that the parties intended the last regulated price to continue upon deregulation, absent a seller-initiated price redetermination.
• Grace-Cajun OIL Co. No. TWO v. Damson OIL Corp.
  897 F.2d 1364· 5th Cir.· 1990-04-13 ·cited 2×
  The court held that Damson breached its contractual obligation by failing to attempt to qualify the well for the higher 102 gas price, and that damages for this breach are not precluded by the complexity of the qualification process.
• The Kan. Power & Light Co. v. Fed. Energy Regulatory Comm'n
  891 F.2d 939· D.C. Cir.· 1989-12-15 ·cited 2×
  The court held that the Federal Energy Regulatory Commission did not err in amending a natural gas certificate to allow direct sales, as the shift to a pro-competitive policy was established and the facts supported allowing competition.
• Enserch Exploration, Inc. v. Fed. Energy Regulatory Comm'n
  887 F.2d 81· 5th Cir.· 1989-10-30 ·cited 2×
  The court affirmed the Commission's remand of the Travis Peak Field tight formation designation, finding it was not arbitrary or capricious. The court dismissed the petition for review of the Commission's order reopening individual well determinations for lack of jurisdiction.
• Process GAS Consumers Grp. v. Fed. Energy Regulatory Comm'n
  866 F.2d 470· D.C. Cir.· 1989-01-27 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) failed to apply the proper legal standard when approving a natural gas rate surcharge for research, development, and demonstration (RD&D) projects, specifically regarding whether the projects have a reasonable ch
• Shell Offshore Inc. v. Fed. Energy Regulatory Comm'n
  858 F.2d 1147· 5th Cir.· 1988-11-02 ·cited 2×
  The court held that the Outer Continental Shelf Land Act § 10(a) is a statute of limitations for determining uncollectibility of royalty overpayments, but producers must still demonstrate reasonable efforts to protect their rights, such as timely notice to MMS. The court reversed
• Perlman v. Fed. Energy Regulatory Comm'n
  845 F.2d 529· 5th Cir.· 1988-05-19 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) did not abuse its discretion in denying William Perlman adjustment relief from the strict application of the Natural Gas Policy Act's definition of 'recompletion tight formation gas'.