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the Court of Appeals for the Tenth Circuit, which involved the
question of FERC jurisdiction over an interstate gathering
system. See Northwest Pipeline Corp. v. FERC, 905 F.2d 1403
(10th Cir. 1990). In that case, FERC had asserted jurisdiction
over the system on the basis that the primary function of the
system was “the transportation of natural gas in interstate
commerce.” Id. at 1405, 1410. The Court of Appeals disagreed
that transportation was the primary function of the system if
transportation was only incidental to an exempt function of the
system (i.e., gathering natural gas): “Some transportation must
occur to move the gas from the wellhead in some manner. What the
Commission must decide in applying the primary function test is
whether that transportation is incidental to traditional
gathering functions and, thus, exempt from its jurisdiction.”
Id. at 1410-1411 (fn. ref. omitted). It is clear, however, that
both FERC and the Court agreed that gathering pipelines are used
to transport natural gas.
Thirdly, although petitioner’s expert was of the opinion
(and respondent’s principal expert did not disagree) that
gathering pipelines have a shorter useful life than do
transmission or distribution pipelines,15 that does not persuade
15 Distribution pipelines, like transmission pipelines,
carry lean gas. They are fed by transmission pipelines and
connect to the premises of the ultimate consumers of the gas.
(continued...)
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