Occidental Can't Challenge Rival's Rate Power, DC Circ. Says

Law360, New York (March 27, 2012, 5:11 PM EDT) -- The D.C. Circuit said Tuesday that Occidental Petroleum Corp. can't challenge a federal regulator's decision to give proposed electricity grid-linking project Tres Amigas control over certain rates, because there's no imminent danger to Occidental's business.

The court ruled that Occidental and its subsidiaries lack standing to oppose a negotiated rate authority given to New Mexico-based Tres Amigas by the Federal Energy Regulatory Commission because the petition was based solely on "conjectural or hypothetical" injuries, according to an opinion filed by U.S. District Judge Janice Rogers Brown....
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