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CPV Maryland, LLC v. PPL EnergyPlus, LLC
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-623 | 4th Cir. | TBD | TBD | TBD | TBD | OT 2015 |
Issue: (1) Whether, where, as a result of a state-directed procurement, the contract price to build and operate a power plant is the developer’s bid price, and may result in payments beyond what the developer earns selling the plant’s capacity in the auction supervised by the Federal Energy Regulatory Commission (FERC) the program is “field preempted” as a state’s attempt to set interstate wholesale rates; and (2) whether a state-directed contract to support construction of a power plant is “conflict preempted” because its long-term pricing structure provides incentives different from the incentives provided by prices generated in the FERC-supervised yearly capacity auction. CVSG: 09/16/2015.
SCOTUSblog Coverage
- Court takes on new energy pricing dispute (Lyle Denniston)
| Date | Proceedings and Orders |
|---|---|
| Sep 12 2014 | Application (14A282) to extend the time to file a petition for a writ of certiorari from September 28, 2014 to November 27, 2014, submitted to The Chief Justice. |
| Sep 15 2014 | Application (14A282) granted by The Chief Justice extending the time to file until November 27, 2014. |
| Nov 26 2014 | Petition for a writ of certiorari filed. (Response due December 29, 2014) |
| Dec 11 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners Nazarian, et al. |
| Dec 12 2014 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for petitioner CPV Maryland, LLC. VIDED |
| Dec 17 2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| Dec 22 2014 | Order extending time to file response to petition to and including February 11, 2015. |
| Dec 24 2014 | Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED. |
| Dec 26 2014 | Brief amici curiae of The States of Connecticut, et al. filed. VIDED. |
| Dec 29 2014 | Brief amici curiae of American Public Power Association, et al. filed. VIDED. |
| Feb 11 2015 | Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED. |
| Feb 24 2015 | Reply of petitioner CPV Maryland, LLC filed. |
| Feb 25 2015 | DISTRIBUTED for Conference of March 20, 2015. |
| Mar 23 2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Sep 16 2015 | Brief amicus curiae of United States filed. VIDED. |
| Sep 29 2015 | Supplemental brief of petitioner CPV Maryland, LLC filed. |
| Sep 30 2015 | DISTRIBUTED for Conference of October 16, 2015. |
| Oct 19 2015 | Petition GRANTED The petition for a writ of certiorari in No. 14-614 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Nov 9 2015 | The time to file the joint appendix and petitioners' briefs on the merits is extended to and including December 8, 2015. VIDED |
| Nov 9 2015 | The time to file respondents' brief on the merits is extended to and including January 12, 2016. VIDED |
| Nov 12 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
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