DC Circ. Won't Rethink OK'ing FERC Pipeline Tax Policy Shift
Law360 (November 20, 2020, 2:04 PM EST) -- The D.C. Circuit won't revisit its July decision backing a Federal Energy Regulatory Commission policy that ends an income tax allowance for pipeline master limited partnerships, unconvinced by a pipeline developer's arguments that the commission didn't follow the right process when it enacted the policy.
In two short orders Thursday, the appeals court cemented its decision that said FERC properly used its policy to strip the tax perk from a Kinder Morgan pipeline MLP. FERC enacted the policy in 2018 that no longer allows pipeline MLPs, which don't pay corporate-level taxes, to recover income tax allowances in their cost-of-service rates.
Kinder Morgan's SFPP...
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