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CPV Power Development, Inc. v. PPL EnergyPlus, LLC

Petition for certiorari denied on April 25, 2016

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Docket No. Op. Below Argument Opinion Vote Author Term
14-634 3d. Cir. N/A N/A N/A N/A OT 2015

Issue: 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 Federal Energy Regulatory Commission (FERC)-supervised auction, the program is “field preempted” as a state's attempt to set interstate wholesale rates. CVSG: 09/16/2015.

DateProceedings and Orders (key to color coding)
Nov 26 2014Petition for a writ of certiorari filed. (Response due December 29, 2014)
Dec 12 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsels for the petitioner CPV Power Development, Inc. VIDED.
Dec 17 2014Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Dec 22 2014Order extending time to file response to petition to and including February 11, 2015.
Dec 24 2014Brief amicus curiae of National Association of Regulatory Utility Commissioners filed. VIDED.
Dec 29 2014Brief amici curiae of American Public Power Association, et al. filed. VIDED.
Feb 11 2015Brief of respondents PPL EnergyPlus, LLC, et al. in opposition filed. VIDED.
Feb 24 2015Reply of petitioners CPV Power Development, Inc., et al. filed.
Feb 25 2015DISTRIBUTED for Conference of March 20, 2015.
Mar 23 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 16 2015Brief amicus curiae of United States filed. VIDED.
Sep 29 2015Supplemental brief of petitioners CPV Power Holdings, LP, Successor in Interest to CPV Power Development, Inc., et al. filed.
Sep 30 2015DISTRIBUTED for Conference of October 16, 2015.
Apr 20 2016DISTRIBUTED for Conference of April 22, 2016.
Apr 25 2016Petition DENIED.