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PNGTS Shippers' Group v. Federal Energy Regulatory Commission

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Argued November 16, 2009

Before: HENDERSON, ROGERS and BROWN, Circuit Judges.

Shippers with long-term (twenty-year) firm contracts on the Portland Natural Gas Transmission System (“PNGTS”) petition for review of two orders of the Federal Energy Regulatory Commission (“FERC”) certifying PNGTS’s capacity. The Shippers’ Group contends FERC’s determination was arbitrary and capricious because FERC failed to take into account the potential economic impact of a reduction in capacity. Noting the pipeline’s historical capacity and an “at-risk” condition imposed by FERC on PNGTS, the shippers fear that their rates will increase as a result of the reduction. In the challenged orders, however, FERC concluded that any potential impact on rates would be better addressed in PNGTS’s subsequent rate case. Portland Natural Gas Transmission Sys., 123 F.E.R.C. ¶ 61,275 (June 19, 2008) (“Declaratory Order”), reh’g denied, 125 F.E.R.C. ¶ 61,198 (Nov. 18, 2008) (“Rehearing Order”). Because the shippers cannot show an actual or imminent injury as a result of the challenged orders, they are not aggrieved pursuant to section 19(b) of the Natural Gas Act, 15 U.S.C. § 717r(b). Accordingly, the court lacks jurisdiction and the petition for review must be dismissed.

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