FERC Order on D.C. Circuit CourtRemand Decides Again When The “FirstOrder” Imposed Retroactive Changes inTAPS Quality Bank Adjustments

摘要

On March 9 FERC issued a decision in BP Pipelines(Alaska) Inc. et al. (OR06-10), acting on remandfrom the decision of the United States Court ofAppeals for the District of Columbia Circuit (SeniorJudge Randolph dissenting) which vacated andremanded Commission orders concerning the dateof the “first order” imposing retroactive changes in quality bank adjustments on the Trans AlaskaPipeline System (TAPS).1 The Motor Carrier SafetyReauthorization Act of 2005 imposes a limit on theperiod for TAPS Quality Bank retroactiveadjustments. In a proceeding that commenced afterthe date of enactment of this Act, the Commissionmay not order retroactive changes in TAPS qualitybank adjustments for any period that exceeds the 15-month period immediately preceding the earliest dateof the first order of the FERC imposing quality bankadjustments in the proceeding.