Federal appeals court vacates FERC Order requiring posting by intrastate gas pipelines; possible ramifications on pending electric market transparency rules

On 24 October 2011, the U.S. Court of Appeals for the Fifth Circuit issued an opinion vacating Order Nos. 720 and 720-A of the Federal Energy Regulatory Commission (FERC or "Commission"), which required certain intrastate natural gas pipelines to post flow information. Texas Pipeline Association v. FERC, 5th Cir. No. 10-60066 (filed 24 Oct. 2011). The decision is a significant set-back for FERC's efforts to bolster transparency in the natural gas market, and may pose a substantial obstacle to the agency's parallel transparency initiatives in the electricity market.


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