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

26 October 2011

Energy Alert

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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