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The Supreme Court will release orders from the November 16 conference on Monday at 9:30 a.m.

Louisiana Public Service Commission v. Federal Energy Regulatory Commission

Petition for certiorari denied on November 13, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
18-153 D.C. Cir. N/A N/A N/A N/A OT 2018

Issues: (1) Whether, given the Supreme Court’s holdings that the Federal Power Act pre-empts inconsistent state ratemaking and requires state agencies to treat cost allocations made by the Federal Energy Regulatory Commission as reasonable, FERC may deny a refund authorized by FPA Section 206(b) based on the threat of a state regulatory commission to violate the supremacy clause by denying recovery of the surcharge needed to make the refund; and (2) whether - when the FERC grants a refund for an unjust and unreasonable holding-company cost allocation, pursuant to its policy to grant refunds for unjust and unreasonable rates, and numerous holding-company refund decisions support the policy - a U.S. court of appeals may, without scrutiny, accept FERC’s subsequent reversal of its refund decision based on its assertion that its previously cited policy never existed, and its reversal of key prior findings without explanation.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 01 2018Petition for a writ of certiorari filed. (Response due September 4, 2018)
Sep 04 2018Motion to extend the time to file a response from September 4, 2018 to October 4, 2018, submitted to The Clerk.
Sep 04 2018Brief amicus curiae of Arkansas Public Service Commission in support of respondent filed.
Sep 05 2018Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2018.
Oct 04 2018Brief of respondent Federal Energy Regulatory Commission in opposition filed.
Oct 19 2018Reply of petitioner Louisiana Public Service Commission filed.
Oct 24 2018DISTRIBUTED for Conference of 11/9/2018.
Nov 13 2018Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.
 
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