- 27 - 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...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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