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Bangor Gas Company, LLC v. H.Q. Energy Services (U.S.) Inc

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Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

A pipeline owner–Bangor Gas Company, LLC (“Bangor”)–and a natural gas supplier–H.Q. Energy Services (U.S.) Inc. (“HQUS”)–entered into a contract for the transportation of HQUS’ natural gas. The parties later became embroiled in a dispute and submitted their dispute to binding arbitration. After the arbitrators issued a decision largely favorable to HQUS, Bangor sought to vacate the decision in the district court, failed, and has now brought this appeal.

HQUS, a wholly owned American subsidiary of the Canadian government-owned utility Hydro-Quebec, sells natural gas and electricity in the United States. Bangor provides services related to the natural gas industry in Maine. In 1999, Bangor entered into an agreement with HQUS (the “Agreement”) to build and operate a Bangor pipeline, later named the Bucksport Pipeline, to deliver HQUS’ natural gas from an international pipeline nine miles away called the Maritimes Pipeline, owned and operated by Maritimes & Northeast Pipeline, LLC (“Maritimes”), to the Bucksport Energy Facility (an energy plant that served a paper mill).

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